Cyan Magenta Yellow Black 100 100 100 100 100 100 50 50 50 50 Poem: We Are Grateful ...... Back Cover ...... Back WeGrateful Are Poem: ARTS ROUGE KHMER ...... 47 The Beginning ofSeparation ...... 45 Grandmother of“Fertilizer” ...... 44 The Vietnamese SearchFor LostRelatives FAMILY TRACING ...... 41 RulingwithImpunity Cambodia: ...... 38 JusticeDelayed Cambodia: ...... 34 Black Paper DEBATE PUBLIC ...... 30 A SamplingofDocumentaryEvidence ...... 27 Universal Jurisdiction ...... 24 Case Law LEGAL Destruction OfFamily Foundation...... 22 ...... 19 Voices fromS-21 HISTORY ...... 16 Secret Two-Way RadioContact ...... 13 Biography ComradeKong ...... 10 Ten-Fold Characteristicsof The Party ...... 7 Genocide SitesInBattambang ...... 3 Tuy PhengReportsHis Anti-CPK Activities DOCUMENTATION Letter: Magazine ofDocumentationCenterCambodia Chhor. Authors: Em. Bun SouSour. First DeputyEditor-in-chief: nteEe fBdh ...... 1 In theEyesofBuddha Staff Writers: lzbt a cac,BnKenn ai hnlr ui .Jlrs tv ee,Siv Leng Steve Heder, Julio A. Jeldres, David Chandler, BenKiernan, Elizabeth van Schaack, Table ofContents Editor-in-chief: aynSn,Spa y Sophearith Chuong. SophalLy, Kalyan Sann, Youk Chhang. Kosal Phat. Graphic Designer: Second DeputyEditor-in-chief: abdaandT Cambodia Photographs bytheDocumentationCenterof Licensed bytheMinistryofInformation Proofread byJulio A. JeldresandRich Arant. the Royal Government ofCambodia, Documentation CenterofCambodia Youk ChhangandRaymund Johansen; The Englishtranslationeditedby Sopheak Sim. ubr1,November 2000 Number 11, Prakas No.0291P.M99 Searching for thetruth. All rightsreserved. Assistant Editor-in-chief: uut2 1999. August 2, Copyright © uol SlengGenocideMuseum. Distributor: Sorya Sim. Sopheak Try. Translator: Sokhym Searching for the truth  Letter Number 11, November 2000

Letter: IN THE EYES OF BUDDHA

The ancestor holiday (Ph’Chum Benn) is near, not oppose the establishment of a Khmer Rouge and with it, the former Khmer Rouge leaders, Ieng Sary tribunal. I wonder if they understand the concept of and Ieng Thirith, and their associate, Long Norin, will justice. Justice under the Khmer Rouge regime meant likely be visiting the Svay Por Pe monastery in Phnom that those who dared to express independent ideas or Penh, which they are known to attend. I wonder what views were judged to be enemies of “Angkar” and were they think about while praying the statues of the subject to elimination. Over and over again, the Khmer Buddha in the presence of the monks, both of which Rouge leadership stressed this idea that the good of the they sought to eliminate completely during their regime nation required the pitiless slaughter of Cambodians by between 1975and 1979. If they now pray to Buddha and Cambodians. And they certainly implemented their the monks, does it make them any different from what belief with a vengeance. Justice under the Khmer they were two decades ago? Would Buddha and the Rouge regime also meant that you had to be pure monks relieve them of their responsibility for the (Khmer). As in all other things, the Angkar set heinous crimes they and their co-conspirators themselves up as the judges of this quality as well, committed against millions of Cambodian people? concluding that those with education, or light skin, or Would Buddha forgive their sins? The Khmer Rouge who dwelt in cities, were all enemies. If you fell into leadership are still with us today, and their crimes one of these categories, the Khmer Rouge would kill against the people of Cambodia are also still with us. you or starve you to death. I picked for waterness my They are not about the past, but today. Long Norin pregnant sister, who had had no real food to eat for claimed that he joined the revolution because he wanted months. This act was considered criminal under the to make the country independent and developed. Ieng Khmer Rouge regime, so they hit me with an ax, pushed Sary and Ieng Thirith shared the same view. I wonder me to the ground, tied me up with rope, and put me in what they meant by saying so, as I compare their jail for weeks. My mother was afraid to cry in front of claimed objectives with the experience I had under the them while they were torturing me. Crying was also a Khmer Rouge regime. I witnessed a family killed by the crime under Khmer Rouge regime. They (Long Norin, Khmer Rouge cadre in a public commune meeting in Ieng Sary and Ieng Thirith) have said there will be

Battambang province. I saw hundreds of people die of turmoil if the Khmer Rouge leadership are ever brought 50

starvation, including my own sister, and I have to trial. I wonder why they think so? Under the Khmer 50 documented the millions of others who died by Rouge regime, people were forced to keep quiet. To 50 execution, torture, forced labor, disease, and starvation speak out was to invite death. At the same time, they under the Khmer Rouge regime. They (Long Norin, forced us to make up lies about ourselves and about 50 Ieng Sary and Ieng Thirith) claim that they do not others so that they could justify their cruel regime. I 100 believe that more than one million Cambodians wonder how they understand the meaning of change 100

perished under the Khmer Rouge. I wonder, have they and development in a democratic society. The Khmer 100

ever visited their own secret prison, S-21, now know as Rouge leaders now talk of national reconciliation, of 100 the Tuol Sleng museum, where almost 20,000 prisoners striving to consolidate peace and progress, and of 100 were tortured and executed? Van Nath, a survivor of S- resolving people’s poverty. The gall of such talk from 21, and a dozen former prison guards who are now the same people who wreaked havoc on Cambodia 100 living in Kampong Chhnang and Kandal provinces can defies comprehension. How can you reconcile with the certainly testify to what happened at S-21.Long Norin people who killed your own family members without Black has asserted that he and the Khmer Rouge leaders do a fair trial? What kind of “peace” can be “consolidated” Yellow Magenta Documentation Center of Cambodia (DC-Cam) 1 Cyan Number 11, November 2000 Searching for the truth  Letter

in a nation where such matters remain unresolved? Did way I view the world. I believe that every country has it the Khmer Rouge regime ever seek to reconcile with own tragedy. For example, the United States of America those of us who lived with or “served” the previous had Slavery, the Jews had the Holocaust and we the regime, and who were simply city dwellers, or students, Khmer people had this, and I believe that this was a or merchants? Where was their talk of letting ‘bygones Holocaust just like the Jew’s, so maybe somehow be bygones’ then? Where was the interest in national history does repeat itself, doesn’t matter what part of reconciliation or the consolidation of peace then? The the world we live in.. Yes, sometimes I wonder what it Khmer Rouge leaders talked about progress, and then would be like if there had been no war, and what it proceeded to close the country off from the rest of the would be like if my parents were still alive, including world, making everyone work in the fields without food my brother and sister. How my life would be different and without medicine to treat the sick. (What was it that from what it is now. My daughter Jordyn sometimes they knew better than to permit the outside world to see, asks me how come I don’t have a Mom or a Dad like the and that they deny having had any knowledge of now?) rest of her friends’ parents. Then I proceed to try to The Khmer Rouge leaders talked about solving poverty explain to her what happened to her grandparents, and and hunger, and I wonder why we did not have enough this is very hard. It is sad knowing that my daughter and clothes, no proper shelters for people to live in, and not son will never get a chance to know their grandparents enough food to eat under their regime, while in fact they and I will never get to see my parents again. You know were exporting our national resources- gold and rice- to what the saddest part is? I can vaguely remember them China and Viet Nam. Perhaps they were too busy killing myself. I was about five years old when they died. the almost 5,200 prisoners they murdered during every There’s this strange thought as I remember when my week of their 3 years 8 months and 20 days in power to parents were buried. I had this thought, or maybe worry about the millions left to die without food and imagining, that they were pretending that they were medicine. One of my sisters died because she had no dead, so they can be buried and then they would dig this food to eat for 4 months and her daughter died because underground tunnel that would lead them to another my sister could not breast-feed her. My niece who world and they will return to retrieve me and my sister survived the Khmer Rouge regime wrote to me: For my (strange)? PS: I don’t believe that justice is enough for uncle Youk: Unfortunately my way of thinking has what happened to my family. No justice in the world become, somewhat not clear or maybe too clear. The will bring my family back. We should be asking ourselves how we as human beings can prevent this from ever happening again. Love

50 always, your niece, Theavy The

50 Khmer Rouge leadership are still denying knowledge of the 50 slaughter under their regime 50 between1975 and 1979. On 100 what basis should I believe the

100 Khmer Rouge leaders now?

100 Why should I believe Long

100 Norin, Ieng Sary and IengThirith? Do they really look 100 straight in the eyes of Buddha 100 when they pray? Are they really respectful when they greet the monks? Do they really ask for Black Ieng Sary Long Norin forgiveness? Youk Chhang Yellow Magenta 2 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

TUY PHENG REPORTS HIS ANTI- CPK ACTIVITIES TO ANGKAR

By Sophearith Choung

History of anti-CPK activities before 1970 armed conflict in Cambodia in 1963, but there were Tuy Pheng, alias “Phai”, born in Kanleng Chak already armed confrontations with use of B-type Village, Sangkat Mean O’Reang Ov District, Region firearms in Viet Nam. However, we could never fight 22 of the Eastern Zone, was Secretary of So Tin even though we were equipped with weaponry since District, also in Region 22. His father’s name was Hem we did not have the strength of soldiers. Thus, all we Phin; and his mother’s name was Tuy Yim. According need to do is find a way out by either going to any to his “confession”, written under torture at Office S- place or joining Free Khmer soldiers so that it will 21 (Tuol Sleng Prison), Tuy Pheng had watched make it easier for us to ask for foreign weapon aid. Khmer Rouge cadres come into his village, spreading People all over the world are ‘Free’. The people of revolutionary guidelines to the people at “the base”. Cambodia as well as the peoples of other countries Among the cadres were Chan Samuth, alias So Phim, want to be ‘Free’. So, how about you”? Tuy Pheng and Taing Leng. It was after these propaganda replied, “I leave that to you to decide since I rest under missions that Tuy Pheng became aware of the situation your leadership”. of the revolution. After being admitted into the Free Khmer Cadres Kol and Chan Samuth came later, Movement, Tuy Pheng contacted spies at Chup rubber educating Tuy Pheng by saying, “The reason I come to plantation, intending to carry out Free Khmer acts. He educate you comrade to join the CPK is because I was to spy on activities of the Khmer Rouge until could not grasp you [your standpoint]. If I could, and 1966. Later, he knew Tum, Secretary of Region 22, especially could understand that you were active, I Eastern Zone. Tum is the person that made Tuy Pheng

would have suggested that you do not follow the ‘silly pledge allegiance in front of a CIA flag (American 50

so-called theory’. That is why I admitted you into flag) by repeating his words; “1) All of us in the CIA 50 party membership. No mater if you are revolutionary group pledge we will absolutely protect our group as 50 or not, it depends on your standpoint with which you well as the people to the end of our lives, 2) We will 50 can always see things”. “Free Khmer are people in the keep secrecy to the utmost for our group, 3) we pledge 100 world that bear the ‘Free Elements’”, Kol continued, that we will maintain solidarity among the people who adding that everybody therefore has to have “free fled with us and hide ourselves within the party in 100 elements”, considering their elements. “That is why order to succeed in fulfilling our common goals as 100

“Free Khmer [Movement]” was established”. “We proposed by our group”. 100 must not object that we join the Free Khmer since Son In 1969, Tuy Pheng contacted Tum via letters to 100

Ngoc Thanh who is also patriotic, previously other CIA sub-groups and instilled base people to hold 100 considered the Free Khmer as treschorous. So, the up with the Khmer Rouge. This plan was aimed at problem is the turning from black to white and from instilling hatred among the people for the Khmer white to black. In other words, there was not yet an Rouge. As for building up their strength, he Black Yellow Magenta Documentation Center of Cambodia (DC-Cam) 3 Cyan Number 11, November 2000 Searching for the truth  Documentation

successfully convinced Sam-ol, Chief of O Reang Ov said they would not take Sihanouk, but now they District, Region 22, to join his group. The way he accept him as President of the [National United] Front. educated and indoctrinated Sam-ol into the CIA was Let all of you uncles and aunts have some thought by saying: about it. It is the impasse thing of the Khmer Rouge. In “Our Cambodian country will be at war again, 1970, the plan laid down by Tum included grasping then the authorities will fall into the hands of the biographies of the people in each village so that they Khmer Rouge. And when the authorities fall into the can be rounded up in a single place [Kier Ko, avoid hands of the Khmer Rouge, we will all die because we can never live along with them. Therefore, we have to Khmer Rouge Family at S-21 understand and think for ourselves; each of us must understand and consider building the country by finding and following prosperous paths ahead. If we keep this in mind, surely our society will evolve into something better. If it evolves to become a society similar to the Sihanouk regime, that will be better for Comrade Chan all of us. In contrast, if it evolves to be one like the Khmer Rouge, then we will be maltreated, compelled to work endlessly while the results are all collected by and belong to the state. As citizens, we have to think carefully about this matter. History of anti-CPK activities from the 1970 coup until the 1975 Liberation Soon after the coup d’état, Tuy Pheng said in a propaganda address to his trusting people, “Do not be happy yet, it is thanks to Lon Nol that the coup was a success. If it were not for Lon Nol, it would have taken years for the Khmer Rouge to achieve victory. Now, you uncles and aunts, please wait and see, remain calm, and don’t do anything hasty”. He also added : 50 “Those who formerly joined the revolution were 50 expelled; for example, some ministers’ names were

50 sometimes off and sometimes on. So, who is who is

50 not yet known. The appointed government seems to

100 have no principal objectives. It is heard that this person

100 was appointed Minister, and that person Council

100 Minister. Furthermore, there was no clear picture breaching secrecy], building up combat forces so that concerning how the Khmer Rouge organize things. For we can achieve our desired goals; we should not be 100 instance, in appointing ministers and promulgating the indifferent because the situation of the revolution is 100 establishment of the government, some Sihanouk approaching. Therefore, we have to fervently combat 100 people are appointed, among which are notably Penn by taking our revolutionary tasks as a bulwark. We Nouth, Duong Sam-Ol. Thus, we cannot grasp this have to report to our superiors (Tum) every time we

Black situation, and cannot keep pace with it as it changes admit someone into membership of our group so that quickly like thunder. Previously, the Khmer Rouge he can precisely review their biography.” Yellow Magenta 4 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

In 1971, Tuy Pheng, at the suggestion of Tum, and disrupt the frontline battles. Given the situation, hid a hundred guns to be used in any future counter- the sound of firearms was heard day and night in every revolutionary activities. The situation inside Cambodia village, and at the same time, robbery was common. included not only famine, but incursions by the As part of his propaganda, Tuy Pheng would say, Vietnamese. Tuy Pheng educated people about this “Never think that it was a complete victory for the issue, noting that “this is not because of Lon Nol, nor revolution that has done that much. It is not in fact, as the Americans, rather is it because of the Khmer the authorities will later fall into the hand of others. The victory was all attributable to Lon Nol’s partisans.” In 1973, Tum called Tuy Pheng and their partisans to a meeting at Prek Changkran Office, Lvea Sub-district, Srei Sithor Kandal District, Kampong Cham Province. At the meeting, Tum stated, “In Viet Nam and Lao, they have negotiations, even though Viet Nam was at Comrade Duch war with America for years. As for us, we do not have the experience in making war with America, and we do not even have sufficient armaments. However, Angkar always stands resolute and absolute (no negotiation). It will not work if we are not adequately equipped with weapons. This resoluteness and absoluteness has only resulted in the deaths of people, combatants and cadres. So as far as I can see, we will not win due to the magnitude of the war, the lack of weapons, and the fact that we are just a small country. We should not be too absolute, otherwise all the people, not only ourselves, will die. Therefore, to thwart Angkar’s absolute and risky fighting plan, we must organize a program in such a way that Angkar cannot continue with its absolute plan.” On March 15, 1973, the CIA group staged a plan 50 to oppose the revolution, in which they demanded that 50

Angkar hold a negotiation with Viet Nam in Paris. 50

They also brought up a slogan reading, “Angkar, 50

please hold a cease-fire talk with Viet Nam to stop 100

fighting any longer; all the people will die if fighting 100

Rouge that the Vietnamese came and invaded our goes on.” Then, Tuy Pheng wrote letters inviting 100 territory. It was the Khmer Rouge who brought the war fourteen sub-district chiefs to a meeting in order to 100 to Cambodia. So, the matter of lack of rice and disseminate Tum’s plan to push Angkar to negotiate. 100 foodstuffs is also due to the Khmer Rouge. We must But, the plan failed, because it was driven back by 100 struggle to rid ourselves of these people”. masses of people loyal to the revolution. In 1972, Tuy Pheng was relocated to Srei In 1974, people started to get more agitated

Santhor District at Tum’s orders to set up a peace about the peace alliance plan and revolutionary Black alliance with the aim of fomenting discord in the rear

activities were on its impulse. In the meantime, Tuy Yellow Magenta Documentation Center of Cambodia (DC-Cam) 5 Cyan Number 11, November 2000 Searching for the truth  Documentation

Pheng took the opportunity to educate people to from the south. At Chroy Changva, there will be a oppose the Khmer Rouge revolution by telling them battalion commanded by Sim and Nuon, assisting in not to care much about the front-line battle, but to breaking through to Phnom Penh. In the Northern instead think only about making a living and having Zone, Sreng will be responsible to lead two divisions children to do farming. In 1975, Tuy Pheng instigated and ascend up Prek Kdam to join hands with other a split in the solidarity between the army and the forces in Phnom Penh. authorities, and incited people to hate the army, in an The plan was scheduled to be carried out on attempt to obstruct the plan of revolution. Tuy Pheng April 17, 1976, during Khmer New Year, but it was a told the people, “not to let our children fight in battles complete failure because Angkar had wind of it and because it is only our children, not Angkar’s, who will arrested a number of the partisans. However, about get killed.” eight divisions that remained intact under the general History of anti-CPK activities after the 1970 command of Chhean in Region 22 still tried to find Liberation ways to overturn the revolutionary authorities. After he was asked by Angkar to evacuate the In early February 1977, Chhean called Tuy people, Tuy Pheng propagandized to the people: Pheng to advise him, “Despite the failure, do not be “Evacuation causes pitiless separations, deaths along hopeless, we will attempt it again in 1977, in that we the streets like animals. It deprives people of shelter will make a swift, yet intensive attack and achieve a and food, husbands and wives and children, parents quick victory. In that attack, we will use the navy at become separated, and finally the people end up living Chroy Changva led by Tum and Sim, as our major in the forests. Angkar always boasts of caring for the force. Strategically, we will employ mainly hand people, but it sends them into the wilderness to die grenades, since that will not require many soldiers. We alone. They evacuate people from everywhere, they do will not fail, and we will win a complete victory on not tell them where to go, and they accept no September 30, 1977.” The meeting was attended by responsibility.” In their plan to topple the Khmer representatives only, not all the members. When the Rouge revolution in Ponhea Krek District, Region 22, appointed day came, the plan failed again, and Tuy they announced which forces would contact each other Pheng was arrested red-handed. before actually engaging in battle. The plan was to be Tuy Pheng’s “confession” document (J852) is carried out in July, but if it failed, it would have to be 54 typewritten pages long, and is dated September 21, carried out in September 1975. But both attempts 1977. It was written under interrogation by group 50 failed because the forces had not been well organized. “Ka” which included Comrades “Chhin” and “Von”. 50 In 1976, the CIA group gathered at another Eighty-six names in the document are marked with

50 meeting in Tbaung Khmom District, with twenty-three notes identifying them as Tuy Pheng’s associates. At

50 persons present. The plan discussed was as follows: the end of the document, there is a thumbprint

100 “We will fight from Svay Rieng to Neak apparently made by Tuy Pheng, and the signatures of

100 Loeung, using Division 3 under the command of Hak, the two interrogators. The final confession document

100 Sar, Chamreun and So, with help from reinforcements was sent to superiors at higher levels after being from Region 22 under Chhouk, clearing their way approved. On the cover of the document, there is a note 100 along National Route 1 towards their objective, Phnom dated 11-11-77, which reads, “1) This is for you 100 Penh. Another source of fighters will be the commands Brother to review; 2) Names mentioned include 100 of Chhean and Sun, which will jointly break through Comrade Chhean, currently in charge of Region 22; 3) from National Route 7 to Route 15, and finally head to Other names already arrested withdrawn.” Another

Black Region 22 where they will take control of Arei Khsatt. note dated 12-11-77 reads, “Two copies for Comrade Perhaps one artillery division will also help in the fight Chan, Eastern Zone.” Yellow Magenta 6 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

Wat Ta Loas

KILLING PITS IN BATTAMBANG PROVINCE

By Sophearith Chuong

During 1997, DC-Cam’s “Mapping the Killing Russey District. According to our GPS readings, Wat Ta Fields” team went to three districts; Mong Russey, Ek Loas Chass lies at latitude 12º48’44.98” North, Phnom and Banan, in the Province of Battambang. The longitude 103º23’13.04” East. Our team arrived on May field research lasted from April 30 to May 3, 1997 2, 1997 at 11:00am (GPS code number 20601/2/3, Mong Russey District document R050203A). 1. Wat Ta Loas Chass We interviewed Huy Kroem, who lived in Ream Wat Ta Loas Chass was used by the Khmer rouge Keaknakk Village, Ream Keaknakk Sub-district, Mong as a prison and execution site. Now it is a place where Russey District, Battambang Province. He told us that people collect and store the remains of victims from the most of the victims were city evacuees, and included Democratic Kampuchea regime. Located in Wat Chass affluent families, “capitalists”, civil servants, “moral Village, Ta Loas Sub-district, Mong Russey District, offenders”, and those caught foraging for food. There 50 Battambang Province, the Wat (or “pagoda”) is about were also the children of these offenders, executed eleven kilometers east of the District Office of Mong along with their guilty parents. 50 50 50 100 100 100 100 100 100 Black Yellow Magenta Documentation Center of Cambodia (DC-Cam) 7 Cyan Number 11, November 2000 Searching for the truth  Documentation

According to our GPS readings, Wat Wat Chrey Chrey lies at latitude 12º46’50.51” North, and 103º28’20.45” East. Our team arrived on May 2, 1997 at 11:25am (GPS code number 20604, document R050204A). Hut Kroem informed our team that there was a hospital in Wat Chrey, which the Khmer Rouge used as their killing place. There were no medicines in the hospital. Coconut juice was used as serum for patients. Surgical operations were performed without the use of anesthetics. Those patients the Khmer Rouge cadres determined were faking illness were starved to death, in line with their maxim that “Keeping you is no gain and losing At this place, the Khmer Rouge brought and you is no loss.” The skulls and bones collected are killed only high-ranking officials, teachers, professors, estimated to belong to 100 or 200 victims. Many of the intellectuals, and doctors, not soldiers. The Khmer skulls and bones were taken to be stored in a very old Rouge used the pagoda monasteries as their residences, hut, where some may have been lost. and the Buddha hall as their security and prison facility. 3. Wat Dhamaryuth Victims were taken to be executed around the wall of Wat Dhamaryuth, now called Wat Bophawatei, the pagoda, just fifty meters from the Buddha hall. The was also used by the Khmer Rouge as a prison and pits and graves are still visible near the wall and the execution site. Located in Ream Keaknakk Village, Kea hall. Huy Kroem came to this village after 1979, and Sub-district, Mong Russey District, Battambang saw people unearth pits and search for hidden gold. Province, it is just one kilometer from the Office of They excavated hundreds of pits, the largest of which Mong Russey District. According to our GPS readings, were four meters by four meters. The executions took Wat Dhamaryuth lies at latitude 12º46’21.06” North,

50 place between 1976 and 1978. Based on the skulls we and longitude 103º27’14.59”. Our team arrived on May

50 saw and the testimony of the interviewee, we conclude 2, 1997 at 11:00am (GPS code number 20605/6,

50 that at least 500 to 600 victims were killed at this place, document R050204B). but the total number of victims may be much higher, Huy Kroem stated that in the Pol Pot regime, he 50 given that the killing lasted for three years. All the lived near the Wat, and that he once entered the Wat and 100 remains were collected by laypersons, monks and saw some Khmer Rouge persons frying human livers 100 officials of the sub-district, and stored in a small raised for their food. He said they even offered some for him

100 memorial where a ritual ceremony is performed to eat, but he declined. According to his testimony, there

100 annually on the “Day of Anger”. was a prison that measured approximately 15 meters

100 2. Wat Chrey wide and 60 meters long, which looked like a long barn. Wat Chrey is a place where remains of victims The victims at the prison were taken from all the 100 from the Democratic Kampuchea regime are stored. collectives throughout the district. They had both of Located in Chrey Village, Chrey Sub-district, Mong their legs shackled to an iron bar and lay in rows on the

Black Russey District, Battambang Province, it is about three prison floor. The inmates were taken to the Buddha hall kilometers from the Office of Mong Russey District. of the pagoda for interrogation, and then taken to be Yellow Magenta 8 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000 killed at the front of the hall. Among the victims were those accused of being wealthy, “capitalists”, high- Huy Kroem ranking officials and their wives, students from the secondary level or higher, “intellectuals”, and “moral offenders”. Children were also killed, as well as those accused of foraging for food. Executions at Wat Dhamaryuth took place daily from 1976 to 1978. The killing escalated noticeably between November and December 1978 after the Khmer Rouge had built the prison. The killing pits at Wat Dhamaryuth were along the wall of the pagoda and on the right-hand side of the Buddha hall, where many pits are located, each of which measures four meters by four meters, and about one and one-half to two meters deep. Hak Sophal, former Khmer Rouge mobile work brigade member, lived in a camp near the pagoda in 1975. According to Hak Sophal, the pagoda was open in 1975; but after 1976 access to the pagoda was prohibited. Hak Sophal recalled that Khmer Rouge security persons came one day to borrow a hoe from his mobile work brigade and when he went to get the hoe back, he saw a group of Khmer Rouge persons frying human livers for their food. He also saw some 50 to 60 human livers were left to dry in the sun. He witnessed the Khmer Rouge group walking prisoners out of the Buddha hall and handing them over to the executioners. At the killing site there were pits, each twenty meters apparently destroyed. wide and long. Each pit was covered with dirt when it Hak Sophal stressed that in the prison at Wat was full of human corpses. Blood was to be seen all Dhamayuth, the old and young prisoners were detained over the surrounding ground. After killing a person, the separately. Young prisoners had both hands tied up, and executioners cut the chest of the person’s body open were clubbed or bayoneted to death. Old prisoners were with an axe and removed the liver, placing it in a bucket. killed with a strike of the hoe on the head. Hak Sophal 50

Then, they fried it in a pan for food. As for female estimated that there were about 50-150 victims killed 50

prisoners, they were undressed while the Khmer Rouge out of the prison. 50 enjoyed the spectacle, laughing at her nakedness. 4. Por 1 Village 50 Eventually, the Khmer Rouge no longer permitted Hak Located in Por 1 Village, Kea Sub-district, Mong Sophal to live in the mobile work brigade near the Russey District, Battambang Province, the site is about 100 pagoda. 300 meters from the Office of Mong Russey District. 100

Hak Sophal estimated that there were According to our GPS readings, the site lies at latitude 100

approximately 60 or 100 bodies in each of the big pits, 12º46’34.04” North, longitude 103º26’53.54” East. Our 100 team arrived on May 2, 1997 at 1:00pm (Code number while each of the small pits contained two or three 100 victims. After 1979, he saw about 300 skulls and a lot 20607, Document R050205A). Hak Sophal stated that 100 of bones scattered all over the place because of in this village there was a brick house used to detain excavation by people looking for gold. Most of the victims who had attempted to flee to the liberating

remains were then taken to a place beneath Mong Vietnamese forces in 1979. All were killed before the Black bridge. However, the remains were later removed and Liberation. Yellow Magenta Documentation Center of Cambodia (DC-Cam) 9 Cyan Number 11, November 2000 Searching for the truth  Documentation

TEN-FOLD CHARACTERISTICS OF THE PARTY FOR THE CONSIDERATION OF CADRES (Revolutionary Flage, Number 8, July 1978)

(Continued) from generation to generation. Thus we can eternally In a practical matter, party members of all levels safeguard the Cambodian people and the soul of the must have the standpoint, attitude, spirit, and natural Communist Party of Kampuchea. gifts, and act with regard to safeguarding, building, 4) A Staunch Revolutionary Standpoint in terms strengthening, and expanding the party’s internal unity of the Party’s Assigning, Leadership and Implementing and solidarity according to the party’s political Guidelines standpoint, spirit and assignments. Every party member Assigning guidelines is the basis for must be unified in a 94-100% solidarity with the party implementing and realizing the party’s policies. Despite to obtain the people’s trust. Each party member must be the right political guideline, we absolutely cannot vigilant to the maximum when dealing with successfully implement the party’s policies if the standpoints, attitudes, spirits, natural gifts and acts that implementing guideline is wrong. The assigning

50 are opposed to the party and attack fellow comrades guideline serves for the political guideline. The party’s

50 based on private ownership and partisanism. fundamental assigning guideline provides that the

50 Our party is small. In spite of the fact that the people of Cambodia must serve the revolution party is young, our party’s internal unity and solidarity themselves under the sole leadership of the Communist 50 is so solid, brilliant and strong that we could combat Party of Kampuchea. The Communist Party of 100 with American imperialists, Vietnamese expansionists, Kampuchea was appointed by the farmer classes, and 100 racists, revisionists, and feudalistic landowners. We Cambodia has prospered within the resistance

100 beat all these enemies, and were able to proceed movement of the Cambodian people’s revolution. The

100 ourselves into a stage of socialist revolution fervently Revolutionary Army of Kampuchea was also appointed

100 and witn vigor. We have confidence in our bright by the Cambodian farmer-peasant classes under the victory. absolute leadership of the Communist Party of 100 Every parts member must increasingly uphold Kampuchea. The Revolutionary Authorities of the party’s internal solidarity and unity so that we can Kampuchea were appointed by the Cambodian people

Black carry on our tasks to eliminate the Vietnamese invaders under the leadership of the Communist Party of and expansionists who want to exterminate our race Kampuchea, etc. Yellow Magenta 10 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

The Vietnamese invaders and expansionist who out the spirit of responsibility the party members have want to exterminate our race are furious with our for the party, revolution and people. It is the gauge to party’s right and proper assigning standpoint. They meter out the spirit of love they have for the party, tried to grasp opportunities to infiltrate their lackeys revolution and people. The Vietnamese invaders and into the Communist Party of Kampuchea. They insisted expansionist who want to exterminate our race assigned that they wanted to educate and assign our their lackeys to burrow themselves into our party and revolutionary army so that they would grasp our revolution to grasp the secrecy of our party and Revolutionary Army of Kampuchea. To serve their revolution so that they would be able to destroy the interest, they secretly assigned their henchmen in our political, spiritual and assigning standpoints and authorities. They have as a pretext that they would assist strengths of our revolution. They continued their acts of the Cambodian revolution assigning this and that thievery and espionage to realize our party’s secrecy in according to their standpoint, but in fact they wanted to their continued attempt to destroy our revolutionary swallow the Cambodian territory. However, the people forces. However, their shameful acts will always be and the Communist Party of Kampuchea, have fully defeated as they experienced before in their successive realized the Party’s assigning guideline, and thus have failures. succeeded in sweeping out the Vietnamese secret All party members must pay more attention to scheme to assign and maintain the purity of the party’s the building up of the spirit of high revolutionary assignments. This drove the Vietnamese enemy into a vigilance, secrecy and defense to the more proper and most disgraceful defeat. stronger intensity, in all circumstances, regardless of all Meanwhile, all party members must try to build kind of acts, tasks, speeches, attitudes and living up on the standpoint of democracy and the conditions, both for the short-term and the long-term concentration of the masses’ views and guidelines, and future inside and outside the party. the party’s firm and proper class guideline. They must Based on their respective standpoints in terms of try to build up on the leadership standpoint by taking the party’s revolutionary vigilance, secrecy and the lead to work in the collective, firm and proper sense. defense, we can partly judge party members or cadres They must build up on the standpoint of high as good or bad, as having or not having the staunch responsibility for completing particular tasks. They revolutionary standpoint, and as having or not having must try to build up the leadership standpoint and the strong combating spirit. Measures must be taken attitude by constantly working with the masses in the against any of the party members and cadres seen as collectives and the revolutionary army. They must have having no standpoint of the party’s systematic initiatives, creativeness, self-mastery, vigorousness, and revolutionary vigilance, as leaking party’s secrecy in a steadiness in combating. They must obliterate any of systematic way, and as spoiling the revolutionary forces 50 the leadership standpoint and attitude by completing the in a systematic way, if he/she does not change when the 50

tasks by means of bureaucracy, bourgeoisie, party has reeducated them many times. 50 authoritarianism, militarism, liberalism, individualism, 6) A Staunch Revolutionary Standpoint in terms 50 and subjectivism, and by not being responsible for of the Party’s Independence, Mastery and Self-reliance anything. If we look at the disastrous acts of the liberalism 100 5) A Staunch Revolutionary Standpoint in terms adherents and expansionists in the world, who are 100 of the Party’s Revolutionary Vigilance, Secrecy and opposed to our party, and the way they led their 100

Defense revolution-and especially the Vietnamese invaders and 100

The party’s revolutionary vigilance, secrecy and expansionists who wanted to swallow our territory and 100 defense are one of the fundamental elements that can exterminate our race-we can clearly see that they aimed 100 determine the success of the party. This element is the mainly to overthrow the staunch revolutionary secrecy in all the revolutionary party leaderships. It is standpoint in terms of our party’s independence,

the tool for gauging the levels of political self- mastery, and self-reliance. If the Vietnamese enemies Black awareness of the party members. It is the gauge to meter disqualify or overthrow the revolutionary standpoint in Yellow Magenta Documentation Center of Cambodia (DC-Cam) 11 Cyan Number 11, November 2000 Searching for the truth  Documentation

terms of the party’s independence, mastery and self- destroying the Vietnamese enemies who went reliance, we will be subservient to them, becoming their everywhere begging for alms for their mere survival. dependents, and they will become our masters, The standpoint of independence, self-reliance supervising the destiny of our party, revolution, nation and self-mastery is an invincible standpoint, one that and people, to their best interests. In a word, they will will never dry up, considering both human and material have a chance to swallow our Cambodian territory and forces. It is an undying standpoint, one that will always exterminate our race. survive with prosperity, dignity and greatness in a Given this real situation, it makes us see even prideful way for both the nation and the world. more clearly the appropriateness, the brightness, the The Communist Party of Kampuchea is getting cleverness and the promptness of the Communist Party bigger in number, size and strength because it has the of Kampuchea, Obviously, the party set forth the staunch revolutionary standpoint of independence, self- staunch revolutionary standpoint in terms of “the mastery and self-reliance, whereas the Vietnamese party’s self-reliance and self-mastery”. This standpoint Party is getting smaller in number, size and strength. aims to educate and convince the whole party, people The Vietnamese invaded Cambodia because they were and army to have the spirit of self-mastery and self- the lackeys of the liberalism-adherents and the reliance, and to energize them so as to magnify the expansionists, and because they lost their revolutionary movement more fervently and to storm to independence. They went everywhere begging for alms combat enemies. Making the revolution in the name of for their mere survival because they were not self- our party, our nation and our people, which are reliant. They lost their self-mastery under the order of independent, and as great warrior descendants and their liberalism- adherent and expansionist superiors. world-class celebrated stone-caving architects, never All members of the Communist Party of Kampuchea will any of us easily submit ourselves as subservient to must maintain our independence, sovereignty, territorial the Vietnamese, allow them to swallow our territory, integrity and national reputation, by making every and exterminate our race. Even though we are empty- effort to build up, strengthen and expand the staunch handed, we have our great and powerful weapon, the revolutionary standpoint in terms of the party’s very standpoint of independence, self-mastery and self- independence, self-mastery and self-reliance, so that we reliance. With that weapon, a total of eight million will be able to make it more effective from one people of Cambodia will stand up, take possession of generation to another. With this standpoint, we will be the enemy weapons, smash their forces, and build up able to more strongly combat by using weapons to our own, promote our people’s democratic destroy the Vietnamese invaders who wanted to revolutionary movement throughout the country in swallow our territory and exterminated our race.

50 1968, and finally achieve a victory on April 17, 1975. Despite all kinds of hardships, we shall remain

50 Our party not only has been through transitions from a independent and shall not be subservient to others.

50 society encompassing people and democracy to one Despite all kinds of intricacies, we shall maintain our embracing socialist revolution, building socialism, status quo of self-mastery, and shall not allow others to 50 maintaining the staunch revolutionary standpoint in be our masters. Despite all kinds of shortages, we shall 100 terms of the party’s independence, self-mastery and remain self-reliant, and shall not rely on others. Despite 100 self-reliance, and strengthening and expanding it to the all kinds of famines, we shall remain our masters, and

100 national level. But it has also won the world’s shall not allow others to be our masters. In a word, we

100 admiration. Our Communist Party of Kampuchea has make our revolution on our own under the sole

100 been admired for the courage it have to enhance its leadership of our Communist Party of Kampuchea. independence, destroying the Vietnamese invaders and Therefore, all party members must have the high 100 expansionists, and their expansionist liberalism- standpoint of “independence, self-reliance and self- adherent partisans who wanted to swallow our territory. mastery” in completing any of our party’s tasks in all

Black Kampuchea has been admired for the courage it has to areas and all circumstances. enhance its standpoint of self-reliance and self-mastery, (Continued) Yellow Magenta 12 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

BIOGRAPHY OF COMRADE KONG

(Continued) affirming that there would be flights in a day or two Suong Sikoeun May-1975 to 1977 Period: going to Phli Kou. On May 15, 1975, we boarded a Ministry of Foreign Affairs helicopter and arrived at Phli Kou where Comrade On May 12, 1975, the Khmao, Member of Stung Treng Region, was waiting Party approved for members to receive me. We took off and arrived in Stung Treng of the Overseas on May 17. We reached Office B-20 on May 19. Representative Office of the Then, we boarded a small boat to Phnom Penh, CPK Central Committee, arriving on May 27, 1975. and members of the CPK On May 28, 1975, Comrade Hong, Chief of National United Front Radio to return to work in the Office B-1, took Comrade Mi, Comrade Nup and country. I was a member of the travel delegation, myself to serve the Chinese experts at Office K-2. At responsible for logistics. The Vietnamese created all Office K-2, we completed our task with precision, kinds of difficulties concerning the setting up and the seeing it as a practical one for developing ourselves. arrangements of travel departure. We had to be out of We lived and worked at this office with the traitor Sok Region 1 on May 9, 1975. Contemptible traitor Keo Tuonphalla, but I did not notice any of his treacherous Meas, editor-in-chief of “AKI” News, was also activities. We only observed and saw that they seemed supposed to travel with us, but the Vietnamese said to be of extreme attitude in respecting us too much. there was no plane. In fact, as the Party reported, One day, Sok Tuonphalla told me that he met an contemptible traitor Keo Meas was going to South American woman named Laura Summer who thought Vietnam for May 9-12, 1975 to contact their of herself as one opposed to the Cambodian war. She treacherous links in the country in an attempt to had arrived in Phnom Penh in 1971. But in fact, she arrange treacherous schemes to destroy the party’s was a CIA treacherous link of this contemptible leaderships machine, revolution and Cambodian traitor Sok Tuonphalla. The contemptible American

people and Cambodian country. woman also told the contemptible traitor Sok 50

On May 12, we set off on a passenger flight, Tuonphalla that she knew Comrade Ok Sakun and 50

which could not carry cargo. The delegation headed Contemptible Touch Kham Doeun in Paris. I stayed 50

by Comrade Sou decided for me and two other with Keat Chhon and Contemptible Sao at a house 50 comrades (Toang and Khoem) to wait and fly with the along the riverbank near the Royal Palace from June 100 cargo later. The cargo weighed three tons, comprising 16 to July 15, 1975. I was tasked to follow foreign 100 documents of the radio and documents of the CPK radio news, and report on views of situation every 100 Representative Museum, other materials, and luggage month. Contemptible Tauch Phoeun often visited the of the “AKI” News. The next day, May 13, Toang and house with Keat Chhon, though they would stay for 100 Chhieng transported the first load while I waited with only a short time. Sieng Pose also visited it quite 100 Khoem at the airport to transport the rest of the cargo, often. Issues raised in the chats mostly concerned 100 weighing one ton. Over the previous two days, we such matters as food and tools like fishing nets and

were waiting in the AKI Headquarters. Hinh, Deputy boats for catching fish. Black Chief of CP48, came and told us not to worry, On July 15, 1975, we moved out to live at the Yellow Magenta Documentation Center of Cambodia (DC-Cam) 13 Cyan Number 11, November 2000 Searching for the truth  Documentation

current Office B-1. We had the same tasks, though principle, the party’s political guidelines and the living in a new place. Then, we received instructions party’s guidelines for defending and building the to arrange for a delegation to pay a state visit to China country. and to attend a conference for foreign ministers from I was very much excited to have returned to my non-aligned countries in Lima, Peru. I was also one of home country since I would be able to weld myself the delegation leaving in August 1975 in the capacity once again to my beloved motherland and serve for of assistant. Our Ministry of Foreign Affairs the party and the people. I felt delighted and utterly developed gradually under the direct leadership of our clear with my task, particularly when I was in Phnom party, and adhered firmly to the class guidelines and Penh shortly, serving guests at Office K-2. Gradually the standpoint of increasing in number and rank by afterwards, in performing my tasks, I kept on trying to taking the spiritual and political factors as the main complete them to the furthest extent of my self- focus and the technical factor as a subsidiary one. consciousness, knowledge and ability. During the period of working at the Ministry of The Party has brought me back, welding and Foreign Affairs soon after the liberation until present fastening me to the Cambodian country and the days, the Party has continued to be sympathetic and revolution once again. The party has brought to me a merciful with me. The Party has made great effort to new life with reputation and happiness in the name of educate and build me up every day in terms of the one of the party members and revolutionists. I cannot party’s strategic guideline in its pursuit of making the forget in my whole life all the great merits of the party socialist revolution and building socialism. The Party and brothers with the party’s leadership role. These has made great efforts to educate and build me up are all my most sincere dedication and best wishes. every day in terms of the party’s class guidelines, the However, through my actual work performance, standpoint of having pride for and trust in the party’s especially though the continued tasks of eliminating leadership, the standpoint of being the masters of our enemies such as CIA, KGB and Vietnamese agents nation and revolution. The Party educated me to from our ranks, our ministries and our country, I have constantly adhere to the standpoint of independence seen a number of weaknesses according to the far and self-mastery. It educated me about the essence of extent of my self-consciousness, knowledge and the spiritual and political standpoints in all matters, ability as follows: about the party’s class guideline, about the party’s 1. Not having had the party’s firm proletarian

50 foreign policy guideline, and about the need to build standpoint. Still having the proletarian element as an

50 up myself in terms of the party’s proletarian class intellectual. Having had the suppressing element as

50 standpoint, the party’s revolutionary world views, and being concerned with my social status and power and the party’s communist world views. After being as being overjoyed with my position. Not having had 50 accepted into the party, especially after the liberation, the firm standpoint of struggle and perseverance 100 politically I have totally adhered to the party’s when faced with difficulties, most easily becoming 100 concepts for not using currency, not having market pessimistic and losing the fervent activities. In 100 and not having salary, for city evacuation, for people contrast, having been more vigorous and combative 100 collectivization. I have totally adhered to the party’s when there was a victory or easy time. 100 concepts for continuing to make socialist revolution 2. Not having had the firm revolutionary world

100 and build up socialism out of the socialist authorities views yet. But having had the oppressive, capitalist, and revolution, for building up socialism out of the feudalistic and revisionist views in times of hardships farmer and peasant authorities and revolution. I have with the twists and turns of situation. Particularly, not Black totally adhered to the party’s collectivization having been constantly strong and profoundly Yellow Magenta 14 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000 interested in such a matter that living is to serve for and expand the party’s proletarian class standpoint by one ideology, that is to say, to make the revolution, trying to build up myself to become a worker of the and for what and whom. I have not been mindful in party. both difficult and easy times of the ideology that led 3. Build up, strengthen and expand myself in me to join the revolution. I have not been mindful of terms of the party’s revolutionary worldviews and the ideology as constantly instilled by the party that especially the standpoint of “making the revolution making the revolution is to liberate the country from for what and for whom”. slavery, to develop it and to free the poor farmers and 4. Learn from the active and worthwhile peasants and let them be the masters of the country activities of the people, workers, peasants, collectives, and their own destiny. and our revolutionary army. Learn particularly from 3. I still have not washed myself clear of the the real lives of our wonderful, bright and prosperous matter of intellectual property and of technical skills. revolutionists, from the limitless sacrifices of our As a consequence, I sometimes paid less attention to brothers with leadership role, whom I have known, the spiritual and political elements. Obviously, I have loved and respected ever since the first day. not fully perceived the mass views and guidelines, I wrote this biography based on the level of my especially the party’s class guideline yet. Now as I self-consciousness, ability and loyalty spirit I have for started to understand, I agree with the party on this the party since the party has appealed for continued matter, but will have to go over the matter again sweeping of underground CIA, KGB enemies and the according to real practices. Vietnamese who wanted to swallow our territory. I 4. These standpoints were loyal to the party. In understand that with my current class standpoint and general, I have not had any trick to play with the my current self-consciousness level, I have not been party, the revolution and the people. In the practical aware to the fullest of my weaknesses yet, if sense, however, without having the full perception of compared to the party’s requests and the current great our party’s guidelines but some individualistic ideas, radiant mass movement. I have not reflected upon the sincere standpoints I In conclusion, as far as my revolutionary life is have for the party. I have not acted fervently and concerned, I see that it is very complicated with many decisively enough to protect the party’s guideline and twists and turns, and I still have enemy influences in implement it to a better and more steady level. I was my thinking and attitude. In times of hardship, like for

more like an observer. instance when I was on the brink of a cliff or was 50

5. I have not given myself a try in a heated about to fall into the destruction with liberalism and 50 matter of life and death. I have not tempered myself family matters, the party was there rescuing me from 50 repeatedly, thoroughly and to most details yet. the fatal danger. It helps me out of the despicable path 50 Therefore, I have not had the full confidence in I was taking that led me to be a betrayer to the country 100 myself. I have not had enough experience building up and revolution. So, that I have lived my revolutionary 100 myself as well as building up the forces of the party life with happiness as a revolutionist and a and of the revolution. communist, due to the party’s always sparing me in so 100 My approaches to solving major weaknesses many ways. In returning my gratitude to the party, I 100 1. Make greatest effort to strengthen and have nothing but must pledge to the following: 100 expand the loyal standpoint with the party by trying to “Sacrifice everything for the sake of the party, the 100 study and consider the party’s guidelines and to best revolution and the class”. implement them in my daily tasks. (End) Black 2. Make greatest effort to build up, strengthen Phnom Penh, Friday, June 17, 1977 Yellow Magenta Documentation Center of Cambodia (DC-Cam) 15 Cyan Number 11, November 2000 Searching for the truth  Documentation SECRET TWO-WAY RADIO CONTACT By Youk Chhang

Dear respected Brother 89: 1) On 4 February, from File D02BBK) [our] comrades at Pring Island fired at a Thais fishing Division 164, Political Section, Report on 12- boat under sail about five kilometers west of the 8-77 “via secret two-way radio line”: 1) Yesterday island. Then, the boat escaped west and disappeared. on 11-7-77, we went out one a patrol and captured two 2) At 6pm of 5 February, the State Fishery brought boats, one with a 50 horsepower engine and the other Thai boat(s) in Rong Island, but brought the boat(s) with a 175 horsepower engine. The 175 horsepower out without yet knowing the reason. 3) At 4:25 on 5 boat, carrying five people, all unarmed, was caught February, brothers [our comrades] at Seh Island saw about two kilometers from Koh Kong. When we two TA and one BE [helicopters] coming out of interrogated the captives, they said they knew a lot Southern Tral Island, going west and returning to the about the White Khmer in Thailand. They also knew island from the north. Then, at 6:15 they heard about the assigning partisans who entered our country; sparkling blast of three rounds of 105[mm] falling on they even knew their names. Now the five have been the island. Afterwards, at 15 minutes to 7, another two brought to Kampong Som. We are further BEs came to join the previous [three] and launched interrogating them. There is one Khmer national two rounds of 12.7[mm] guns on the island. 6 among them. 15 rafts were found on the 175 February, Mot [report’s name]. Copies sent to Brother horsepower boat. But, according to the phone 87, Brother 89, Brother, for documentation. (Excerpt correspondence, there was only one raft. 2) Yesterday,

Son Sen 50 50 50 50 100 100 100 100

100 Son Sen 100 Black Yellow Magenta 16 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000 there was a 175 horsepower boat arriving at Poy Av Yeay Sen and simultaneously an aircraft of Son Sen unknown make was flying over the boat at an altitude of 2-3 kilometers. 3) Today at 2pm, there was a plane flying over Kampong Som from West to East at an altitude of 12-13 kilometers. Received at 7:27pm on 12-8-77, Mot. To Angkar: 1) we have [our people] ask them to tell us of their internal links. 2) [ask them to tell us] how they accessed [Cambodia]. 3) situation of the treacherous links at the border. Khieu [Reporter’s name], 3-8 [date] (Excerpt from File 13bbk) trying to test technically and politically. On April 4, Division 164, Political Section, Secret Two- 1978 we made another test, taking a ship as a target way Radio Correspondence, Report: 1) The death for the trial attack. The number of weapons requested and injury toll of the Vietnamese partisans during our include 20 cannons 12.8mm, 40 Chinese rounds of fire from March 27-30, 1978 is 120 persons; [Mitrailleurs] guns, and 20 DK57 cannons. Twenty and we also captured five 10 to 37 horsepower boats, 22- to 100-horse-powered boats are also needed on the a number of weapons and other materials. 2) There island; the small boats are used for patrolling, while was a delay in the freeing of the Thais supposed to be the big ones for intervention when the small boats freed because some names of the persons supposed to happen to be engaging in a fight in the front. [We come and take them back are different from the names have] to cut back some oil and diesel and spare it for we have, though only the last names, not the entirety, use to operate more patrol boats; in doing so we will are different. As for correspondence for further not ask for more petrol. April 1, 1978, Mot. Copies suggestions, we could not make it because according sent to Uncle, Uncle Nuon, Brother Van, and for to the telegram at Comrade Launh’s end the two-way documentation. (Excerpt from File 15bbk) radios did not work well. Another thing was that the Division 164, Political Section, Secret two- 50

message was transmitted very slowly and some parts way radio correspondence dated March 20, 1978, 50 of it were lost. This problem caused the handing over to respected Brother 89: Sea situation: 1) At Kep, at 50 to be deferred until 20:00 pm on March 31, 1978. 8pm on March 19, 1978 we fired at a Vietnamese 22 50 Among the people who came to receive the Thais horsepower boat under way about one kilometer south were Chief of Khlang Yai and a rescue medical of Kyang island. There was no damage on our side. 2) 100 worker. They donated three boxes of cigarettes and a On Wai Island, between the night of March 19, 1978 100 balm to our comrades. 3) The result of the rehearsal until 4am of the next day, a Thai canoe was seen on 100

trial shooting of propellant mines on March 1, 1978: sail about 3 kilometers Northwest of the old Wai 100

We started shooting at 8[am] at designated targets. A Island. We chased it and finally captured it by 5am. 100 mine was shot out of the cannon into the water as deep The 250 horsepower canoe was carrying 21 persons. 100 as 25 meters, then went up toward our targeted 3) On Tang Island, at 2:30[am] on March 20, 1978, direction and level. We had to fire two shots. The two our 800 horsepower canoes were out on patrol and shots fired were caught back in a designated container arrested two canoes containing 75 Vietnamese, young, Black old, male and female people. But, after we tied them with success and without major problem. We are now Yellow Magenta Documentation Center of Cambodia (DC-Cam) 17 Cyan Number 11, November 2000 Searching for the truth  Documentation

up, the smaller canoe did not maintain balance, and Rong Sanloem Island. But, at Ream where I went causing two of the Vietnamese to fall and disappear in and worked with our brothers, there have been a the water. The rest were already on shore. March 20, number of problems, such as the following. A 1978 [report date], Mot [reporter’s name]. (Excerpt comrade named Chan, of transport section T918 from File 15bbk). scared his colleagues by telling them to pack up all the Division 164, Political Section, Secret two- kits dry or wet immediately in order to go and meet way radio correspondence dated April 4, 1978, to Comrade Roeun at O’Chheu Teal. And then, he told respected Brother 89: 1) Situation on April 3, 1978: them not to take any thing with them as that was a There were sounds of 105mm rounds over the Trol very urgent thing that needed to be done. That Island. Besides this, there was nothing strange situation worried the few of people of the transport concerning situations on the Vietnamese and Thai section who lived there together. Concerning this sides. 2) [The result of] the rehearsal trial shooting of matter, when asked, Comrade Chan replied that he did propellant mines on April 4, 1978: Situation regarding not mean what he said, and that he was just kidding. the preparations of mines and ships, practically we However, I discussed this matter with Comrades have gained some experience from the test. We started Khatt, Chhen and Mao, and we have already grasped to fire at 8am. The mine shot landed well on a target the matter. 2) Technical study of a guard ship: I went ship. We made two shots. But there was some problem to meet Comrade Brother Han in person, and he told when the mines were pulled back from the water. me that everything was set for the ship since July 17, Before the shooting, we had not tied up the head of 1977. It definitely could be used to serve the party’s one of the mines properly. Instead, we roped the body interest. The technical study of the guard ship is under party of the mine, which made it submerge into the way as usual without any problem. Please brother(s) water. As a consequence, the mine made its way to hit be informed of the above report. Received at a TA ship, whose front part of the ship was attached to 4:45[pm], on July 14, 1977. Best wishes for good a crane, which was used as tool in shooting test. The health to leaders, July 13, 1977, Moeun [reporter’s mine shot left an indent of the size of a human palm name]. Copies sent to Bother 89, Office and for on the part of the ship holding the propeller. However, documentation. (Excerpt from File 9bbk) the whole part of the ship holding the machinery Division 164, Political Section, Telegram via remained undamaged. As we saw it, the part affected secret two-way radio correspondence dated July 13, could not be used any longer. Meanwhile, two of our 1977, to respected Brother Mot: Concerning the comrades got injured; one was serious and the other matter of Chinese [experts] that joined us in

50 was mild. The mine also wounded one of our Chinese examining and fixing problems with the machinery

50 comrades as while it was hooked out of the water, the and radar of Ship 02, it has not been finished yet. The mine touched the ship with force. We sent the Chinese requested to take all the devices to Ream so 50 wounded Chinese comrade to Hospital P17 last night. that 1) it will be easy for the people of the machinery 50 Examining the cause, we found out that there were big section to contact a lath section. 2) It will be easy for 100 waves while the mines were hooked out of the water. the radar section to contact the Chinese of the fishing 100 Before shooting, there were not big waves. Copies section for help. Therefore, we are seeking your

100 sent to Uncle, Uncle Nuon, Brother Van, Brother Vorn, advice as how to deal with this. Received at 4:45[pm],

100 Office; April 4, 1977, Mot [reporter’s name] (Excerpt on July 13, 1977. Best wishes for good health; July 14,

100 from File 15bbk) 1977, Moeun [reporter’s name]. Copies sent to Division 164, Political Section, Brother 89, Brother Mot, Office, and for 100 Telegram via secret two-way radio correspondence documentation. (Excerpt from File 9bbk) dated July 13, 1977, to respected and beloved All these documents are excerpted telegrams,

Black Brother Mot: 1) Nothing remarkable has been over one hundred pages of which have been translated

Yellow observed concerning the situation at O’Chheu Teal into English. Magenta 18 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Documentation Number 11, November 2000

revolution, counterrevolutionary “enemies” were continuously created, and purges (the Cambodian com- pound verb, boh somat, translates as “sweep and clean”) were continuously needed to assure the safety of the Party Center and to maintain the revolution’s purity and momentum. Enemies were thought to be everywhere. “Sweeping and cleaning” them could never stop. Building and defending the country went hand in hand. As a CPK motto put it, “One hand is for production, the other for beating the enemy.” To Pol Pot and his associates, friends and enemies posed a “life-and-death contradiction” (tumnoas slap ruos). In making this distinction, Pol Pot drew on Mao Zedong’s 1957 speech “On the Correct Handling of Contradictions among the People,” in which Mao had classified “the problem of eliminating counterrevolutionaries” as an example of “the first type of contradiction” (i.e., between the enemy and ourselves). Twenty years later, in a five-hour speech announcing the existence of the Communist Party of Kampuchea (CPK), Pol Pot said: Within the new Kampuchean society there exist such life-and-death contradictions as enemies who Photo: Hong Hun, female combatant arrested October 1976. belong to various spy networks working for the imperialists, and international reactionaries are still Voices from S-21 planted among us to carry out subversive activities against our revolution...These elements are small in Chapter Three: Choosing the Enemies number, only 1 or 2 percent of the population. By David Chandler From Pol Pot’s perspective, in other words, 140,000 Cambodians at most (2 percent of an estimated

seven million people) were real or potential enemies of 50

(Continued) the regime. “Contradictions with these elements,” he 50

Choosing the Enemies continued, “must be dealt with the same way we deal 50 S-21 was a total institution whose mission was to with any enemy.” These measures included “winning 50 locate, question, and destroy the enemies of the Party over” and “educating” some of the enemies and Center. Given its prisoner intake and the number of “neutralizing” others. 100 inmates who were executed by the facility, S-21 was Finally, Pol Pot proposed to “isolate and eradicate 100 probably the most efficient institution in the country. only the smallest number of elements, those who 100

Considering the emphasis the Party Center placed on determinedly oppose their own nation, people, and 100

protecting itself from “enemies,” it was also one of the revolution.” As he spoke, several thousand people had 100 most important. already been questioned, tortured, and put to death at S- 100 The theory of the regime posited the existence of 21. enemies, and the search for them was a crucial DK divided its enemies, as Stalin and Mao had

ingredient of its practice. Because Cambodia’s leaders done, into those outside and those within the country. Black subscribed to the Maoist doctrine of permanent External enemies included powers opposed to Yellow Magenta Documentation Center of Cambodia (DC-Cam) 19 Cyan Number 11, November 2000 Searching for the truth  History

socialism, led by the United States, and “revisionists” “Having friends like the Chinese is a good thing. or “hegemonists” like the Soviet Union, Vietnam, and Internal opponents of the regime, on the other their allies. Pol Pot and his colleagues frequently hand, were hard to locate and considered more suggested that the destruction of Cambodia was so dangerous. Those operating in the open posed no important to these enemies that they had set aside their special problems. They included the “new” or “April antagonisms to achieve it. In the same vein, a document 17” people evacuated from the towns in 1975 and men prepared at S-21 in March 1976 fantasized that recently and women from the “old society” whose class origins deposed South Vietnamese and Communist Vietnamese or biographies were inimical to the revolution. After forces were happily cooperating with each other in April 1975, tens of thousands of these people were kept Vietnam with a view to overthrowing DK, coordinating under informal surveillance in the countryside or were their effort with those of Thailand and the U.S. Seventh held in “education halls” (sala oprum), Fleet. Six months later another S-21 document, drawing indistinguishable from prisons, where conditions were on information from former Lon Nol soldiers who had harsh and thousands died. undergone training in the United States, described Internal Enemies SEATO (the South East Asia Treaty Organization)- What concerned the Party Center more than these whose principle policy objective was to destroy DK-as remnants of the past were those designated as “hidden having Taiwan, South Korea, Indonesia, and “the Viet enemies burrowing from within” (khmang bonkop si Cong” as its members. In 1978 Nuon Chea, the second- rong phtai knong). Although these men and women had ranking official in the Party Center, told a sympathetic joined the revolution, they were now working to betray Danish visitor that “It is widely known that the USA it. In May 1975 Nuon Chea attacked such enemies at planned to seize power from us six months after length when he spoke to Party cadres. A few months liberation. The plan involved joint action on the part of later, an editorial in Tung Padevat claimed that internal the USA, the KGB and Vietnam. There was to be a enemies had “tried to make the revolution change its combined struggle from inside and outside. But we colors.” In 1978, an editorial in the journal railed smashed the plan.” against people who were able to carry the signboard External enemies were relatively easy to identify. (plaque) “Revolution” temporarily, masquerade as They could be held in check by vigilant defense and by revolutionaries, burrow away, build up their treasonous Cambodia’s powerful friends. “China can help us scare forces inside our revolutionary ranks and damage our our enemies,” Pol Pot told CPK cadres in 1977. revolution at a time when our revolution wasn’t strong, hot or battlehardened, when it still took the form of a secret network or when it was cut off from the masses.

50 But at the moment when the revolutionary mass

50 movement sprang out seethingly, resplendent with

50 power, when the secret networks awoke, at that point the buried enemies boring from within no longer had a 50 place to hide, no matter how important they were. Every 100 single one of their silent, shielded, masked activities 100 aimed at destroying the revolution could be seen clearly by

100 the revolutionary masses and could be smashed at once.

100 Toward the end of the regime, talking to the

100 Danes, Nuon Chea remarked in passing that “we are not worried about...external, military aggression. We worry 100 most of all about the enemy inside.” The hunt for internal enemies was deeper, more

Black complex, and more relentless than merely finding and Pol Pot “smashing” treacherous individuals. Yellow Magenta 20 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  History Number 11, November 2000

Insidious “bourgeois” ideas, preferences, and struggle.....we search for germs within the Party attitude were thought to be buried in everybody’s without success. In the Party, the army, and among the consciousness−an idea that Pol Pot inherited from people we can locate the ugly germs. They will be Stalin and Mao. In 1977 Pol Pot declared, “We all carry pushed out by the true nature of the socialist revolution. vestiges of our old class character, deep-rooted for Like many of Pol Pot’s statements, this one was generations.” These had to be destroyed before a volatile mixture of hubris, paranoia, and wishful socialism could be achieved. A year earlier, a writer in thinking. It failed to define the “true nature” of the Tung Padevat had said: revolution, explain how the sickness might “emerge,” We must rid each Party member, each cadres of or, most important, demonstrate any proof that the Party everything that is of the oppressor class, of private had “treacherous, secret elements” buried inside it. property, stance, view, sentiment, custom, culture Instead, the speech referred vaguely to “observations which exists in ourselves, no matter how much or how over the last ten years.” little. The 1975 Purges In “sweeping clean” Cambodia of its traitors and The purges conducted by the Party Center and all citizens of their potentially “bourgeois” thinking, enacted at S-21 can be broken into two broad phases. santebal’s work had to be wide-ranking, open-ended, The first lasted from September 1975 until September and merciless. As a DK adage put it, “It is better to 1976. The second extended until the collapse of DK. arrest ten people by mistake than to let one guilty Most of those targeted in the first wave of purges were person go free.” civilian and military officials affiliated with the defunct Once they were identified, arrested, and brought Lon Nol regime. In the back-wash of victory, thousands to S-21, suspects of the Party Center became “guilty of these people were rounded up and killed. In Vietnam, people”-guilty because they had been arrested rather by contrast, such people were normally sent off to than arrested because they were guilty. Dehumanization “reeducation” camps; many died, but tens of thousands of the prisoners was immediate and total. Just as Lon eventually emerged. The 1975 killings in DK, like Nol had seen his opponents as nonbelievers or thmil reeducation in Vietnam, were ordered from the top. (i.e., “Tamils”), and just as the U.S. Congress until According to Cho Chhan’s 1977 confession, after the recently regarded indigenous Communists as “un- “liberation of the entire country,” the Organization put American,” Pol Pot and his colleagues thought of forth a policy of successively exterminating officers, Cambodia’s internal enemies as intrinsically foreign starting from the generals and working down through to and impure. Internal enemies could wreak enormous the lieutenants, as well as government security agents, damage. In his “Last Plan,” Duch compared their policemen, military police personnel and reactionary strategy to “the way that weevils bore into wood” or civil servants. 50

“the way oil permeates” and likened them to “worms” These killings extended the civil war and 50

(dongkeau) or “germs” (merok) that had come from the reflected it’s brutality. Historical precedents can be 50 CIA, Vietnam, and so on to attack healthy, found in the Soviet Union after 1917, in China in 1949- 50 revolutionary people. 1950, and in Vietnam after 1954. Another parallel, Once infected, anyone could infect others. pointed out in 1979 by Noam Chomsky and Edward 100 Counterrevolution, unless it was nipped in the bud, Hermann, might be the “purification” (epuration) of 100 could become an epidemic. In December 1976 Pol Pot suspected collaborators and “enemy agents” that 100

drew on this quasi-medical imagery in a passionate followed the Allied victory in France in 1944-1954. In 100

address to CPK cadres. “There is sickness in the Party,” both France and Cambodia, popular anger, the sudden 100 he said: empowerment of former victim, and the absence of 100 We can not locate it precisely. The sickness must judicial safeguards combined to encourage a range of emerge to be examined. Because the heat of the extrajudicial behavior that included widespread

People’s revolution and the democratic revolution were killings. Black insufficient at the level of people’s struggle and class (Continued) Yellow Magenta Documentation Center of Cambodia (DC-Cam) 21 Cyan Number 11, November 2000 Searching for the truth  History DESTRUCTION OF FAMILY FOUNDATION IN KAMPUCHEA

By Siv Leng Chhor

When Democratic Kampuchea took power and Khmer Rouge entered the city, my siblings were led the country in 1975, the objectives of the leaders of separated from my parents. My siblings and I were the regime were to achieve a “pure” utopian communist evacuated to my father’s home village. I told my parents revolution through their plans of increased agricultural to go there, and that we would wait for them. Then, they production, with which they led the country to changes went after us to the village. Unfortunately, on the way, in social order to such a state of complete disparity from the Khmer Rouge took my father to be killed because human conditions. they knew his real profession in the previous regime. To achieve their plans, the Khmer Rouge They knew my father was a capitalist. It was from that desperately needed an “absolute sacrifice” by the time that I lost my father. I have never seen him again”. people. Before the regime started to implement the The evacuation had brought about a state of complete “pure” kind of utopian communist revolution, turmoil, destroying the basic family foundation Cambodian people had maintained very close family structure indispensable for people in our society. ties, from which they received their sense of identity. Execution Nonetheless, the Khmer Rouge did not need such Most of the victims of the Khmer Rouge regime relationships by “family” line and identity; instead they died from mass executions and starvation. Out of the determined to replace them with a new loyalty to people interviewed, 48% of the respondents said at least “Angkar”, a non-person, soul form of the Khmer Rouge one or more of their relatives were killed during the organization. Khmer Rouge regime. 24% of the respondents said The Khmer Rouge used three methods in order to their relatives died due to starvation and lack of food. separate family members from each other and to split Rattan, who lost a father and a younger brother, recalled and destroy the family structure: 1) evacuation; 2) that, “When we were in Svay Rieng, the Khmer Rouge execution; and 3) collectivization of everything in daily took my father to be killed, and two months later they life. took my younger brother to be killed. I have another Evacuation brother who was imprisoned by the Khmer Rouge. One

50 Almost of all of the families living in cities were night at 12 o’clock, he escaped from the prison to see

50 separated in an inhumane evacuation from all urban my mother at home. My mother cooked some rice for centers, the major example of which was the evacuation him to eat. He told my mother how harshly he was 50 of Phnom Penh that commenced on April 17, 1975. Of treated in the prison. He had to work very hard. Next 50 the people interviewed, 93% replied that their families day, at three o’clock in the morning, when he returned 100 had been evacuated from one place to another. 33% said to the prison, the Khmer Rouge arrested and tortured

100 their family members were separated because of the him. They accused him of escaping to his mother’s

100 evacuation. Worse still, many families died from home. As my brother was taken away for a long time, starvation and diseases resulting from the evacuation. In my mother secretly cooked potatoes and had my 100 the case of Narom, for instance, he lost his father. He younger sister and me carry them to him to eat. My 100 recalled that, “When my family was evacuated from the sister and I went with the cooked potatoes my mother 100 city of Phnom Penh, my parents and I were separated. put in an empty milk can to meet him. However, the My parents took me to stay in the care of my aunt Khmer Rouge did not allow my sister to give the Black because they feared for my safety, due to the fact that potatoes to my brother because he had been clubbed

Yellow my family was close to the Lon Nol regime. When the and severely injured by the prison guards. They took the Magenta 22 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  History Number 11, November 2000 can from my sister and ate all the potatoes. Two days We could hardly meet each other. After some times, my later, they took my brother to be executed. They killed daughter came to visit me. I got together with my my brother before my father died. My father died from daughter, and I asked her if she was allowed to come to lack of food and diseases. The Khmer Rouge never gave meet me here. She said, “No, Mum, I did not tell them him any food to eat. They knew that my brother used to at all”. Then, I told her to go back. While I was saying hold a high-ranking position in the previous regime”. this to my daughter, coincidentally a Khmer Rouge Collectivization of everything cadre arrived and started to yell at my daughter saying, Other than the separation of people by means of “See! You walk freely!”. In fact, my daughter came to evacuation and execution, the Khmer Rouge split see me, telling me that she wanted to have a traditional family members through collectivization of living and coin treatment as she did not feel well, and that she working. This is the third measure they took to cut off would return after the treatment”. It was very sad when the familial and marital relationships between parents she returned, the Khmer Rouge had her do much hard and children, husband and wife, and among siblings, labor. If she failed to complete it in a timely manner, etc. they would starve her. Not only did the Khmer Rouge All families were split into three categories destroy family line and structure through the above according to sex, age and work status. The first category methods, they also continued to destroy it by other consisted of people 50 years old or more, and was means such as daily attacking family livelihood and subdivided into two groups according sex. The second belongings, enforcing collective eating, arranging category was mobile brigades of people ranging in age forced marriages, and forbidding religious beliefs and from 14 to 50. Women worked in female brigades, practices. All of this was in their attempt to cut off the while men worked in male brigades. The third category familial bonds and tradition, and force people to love was children of 13 or below. Boys worked in boy units, “Angkar” only. Instead, with the Khmer Rouge and girls worked in girl units. A woman named Chey enforcement and practice of their policy toward family, who was widowed and lost all her children under the the familial bonds and the emotional sensations toward Khmer Regime recalled that, “All my children died. family have grown even closer and more profound. The They went to different units, and we lived separately. policy they established that required people’s “absolute sacrifices” for the sake of The Survivor Angkar by means of threat, force and execution could not allow the Democratic Kampuchea regime to

attain their ends. In all 50

circumstances, family 50

members struggled to 50 encounter and deal with 50 the Khmer Rouge policy toward family by quiet, 100 secret, yet dauntless 100

approaches. Even though 100

they had realized the fatal 100

danger would lie ahead and 100 whatever the matter would 100 be, they always rested determined and sincere,

and always maintained the Black love toward their families. Yellow Magenta Documentation Center of Cambodia (DC-Cam) 23 Cyan Number 11, November 2000 Searching for the truth  Legal

between Articles 7 and 10(1) with respect to inhuman treatment; when it finds that a State party failed to treat CASE LAW a prisoner “with humanity and with respect for the inherent dignity of the human person,” it sometimes By Elizabeth van Schaack calls this a violation of Articles 7 and 10(1), and at other times a violation of 10(1) only. It is important to note, The International Court of Justice has not ruled also, that the Committee does not usually single out on any cases of torture of CIDT. individual acts as CIDT, but bases its judgment on the The Human Rights Committee established under complete collection of circumstances before it. the International Covenant on Civil and Political Rights 1. Alberto Grille Motta v. Uruguay (1980) (1966) has heard many individual charges of violations Petitioner, a Uruguayan national, claimed that on of Article 7, which prohibits torture and CIDT; but its 7 February 1976 he was arrested in Montevideo at the holdings do not always distinguish the two crimes, in home of a friend and brought to Department 5 of the accordance with its view that it not useful “to draw National Directorate of Information and Intelligence. sharp distinctions between the various prohibited forms Here, he was interrogatedy and induced to admit that he of treatment of punishment.” In addition, the held an important position in the Communist party and Committee has consistently considered charges of to identify fellow detainees as members of the torture and CIDT in conjunction with Article 10 (1), Communist Youth. For approximately 50 days after his which requires that prisoners be treated with humanity arrest, the petitioner claimed that he and his fellow and with respect for the inherent dignity of the human detainees were tortured severely. The acts he described person. The Committee clearly sees some overlap included but were not confined to:

Instruments used for torture 50 50 50 50 100 100 100 100 100 100 Black Yellow Magenta 24 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Legal Number 11, November 2000

The application of electric shocks found that the petitioner’s account of his arrest and trial The use of the “submarino” (putting the were substantially correct, and that the torture and ill- detainees hooded head into foul water) treatment and torture suffered by the petitioner The insertion of bottles or barrels of automatic constituted violations of Articles 7 and 10(1) of the rifles into his anus Covenenat in so far as they continued after 23 March forcing him to remain standing, hooded and 1976, the date on which the Covenant and Optional handcuffed and with a piece of wood shoved into his Protocol went into force for Uruguay. mouth, for several days and nights. 2. Esther Soriano de Bouton V. Uruguay (1981) Further claims concerned the petitioner’s lack of Petitioner was arrested without a warrant on 12 access to an attorney. February 1976. She was detained incommunicado for Petitioner was tried by a military judge on 20 eight months before she was tried before a military May 1976. On 3 June of that year, he and three of his court and found innocent. The petitioner alleged that fellow prisoners escaped to the Venezuelan embassy she suffered ill-treatment during her detention where they were granted asylum. including, but not limited to, the following acts: Uruguay’s response was a general refutation of She was forced to stand for 35 hours, with the petitioner’s allegations. The State also stressed that minor interruptions. the petitioner had not pursued domestic remedies Her wrists were bound with a strip of coarse available to him under the Uruguayan judicial system. cloth which hurt her, and her eyes were continuously The Committee held the State’s refutation to be bandaged. inadequate, and further noted that Uruguay did not During the day and night, she could hear the show the allegations had been duly investigated. It cries of other detainees being tortured.

Brother Duch: Measures (already taken) to interrogate X:

On the night of September 26, 1976, after one or two warnings of the infliction of harm, we asked him to take off his clothes and tied his hands to the back. Whatever the circumstances, he remained in such conditions, except at a meal. He was not allowed to sleep, while being exposed to mosquito bites.

September 27, 1976 Pon

Documentation Center of Cambodia (DC-Cam) 25 Number 11, November 2000 Searching for the truth  Legal

During interrogation she was threatened with and 9 to 12 years of precautionary detention. On appeal “more effective ways than conventional torture to make in May 1980, her sentence was raised to 30 years her talk.” imprisonment and 5 to 10 additional years of She was kept sitting on a mattress, blindfolded, precautionary detention. The following conditions of and not allowed to move for many days. imprisonment were alleged by the petitioner: She was allowed to take a bath every 10 or 15 Petitioner occupied a cell with 14 other days. prisoners. The State party refuted these allegations in Failure of a prisoner to perform her tasks was general terms, but provided no evidence that they had punished by up to three months solitary confinement been investigated. The Human Rights Committee and by prohibition of visits, denial of cigarettes, etc. accordingly found that Uruguay had violated of Articles Visits were permitted every 15 days and lasted 7 and 10(1) of the International Covenant on Civil and half an hour. Only close relatives were allowed to visit. Political Rights because of its inhuman and degrading Prisoners were severely punished for discussing treatment of the petitioner. The Committee accordingly prison conditions with relatives and for speaking with expressed its view that Uruguay was under an each inmates at certain times. obligation to furnish the petitioner with effective Prison diet was unbalanced and deficient in remedies, including compensation, for the violations protein and vitamins. she suffered after 23 March 1976, when Uruguay Medicines sent to her were never delivered. became bound by the Covenant. Prisoners were allowed almost no exercise. 3. Dave Marais, Jr. V. Madagascar (1983) Prisoners were forced to take cold baths in the Petitioner, a South African national, was a dead of winter. passenger on an airplane forced to make an emergency There was a total absence of natural light in the landing in Madagascar on 18 January 1977. The pilot, cells. petitioner, and another passenger were tried and The State denied these allegations in general, but convicted of overflying Malagasy territory and sentenced provided no detailed description of what was in its view to a fine and five years in prison. While serving his the true state of affairs; nor did it provide evidence that sentence, petitioner escaped; he was apprehended, tried these allegations had been investigated. The Committee for prison-breaking, and sentenced to an additional two therefore found Uruguay to have violated Articles 7 and years’ imprisonment. From December 1979, he was 10(1) on the grounds that the petitioner “had not been subjected to over two years of unrelieved solitary treated in prison with humanity and with respect for the confinement in a basement cell measuring 2m x 1m. inherent dignity of the human person.” The Committee

50 The Human Rights Committee found Madagascar expressed its view that the State party was under an to be in violation of Articles 7 and 10(1) of the Covenant obligation to provide effective remedies to Elena 50 on Civil and Political rights because of the inhuman Beatriz Vasilskis and, in particular, to provide her with 50 conditions in which the petitioner was held. The proper treatment as laid down in Article 10 of the 50 Committee expressed its view that Madagascar was covenant; to provide proper medical care; to transmit a

100 under an obligation to provide effective remedies to the copy of the Committee’s views to her; and to ensure

100 victim for the violations and to take measures against that similar violations did not occur in the future.

100 similar violations in the future. Article 3 of the European Convention on Human 4. Elena Beatriz Vasilskis v. Uruguay Rights provides that: “No one shall be subjected to 100 Petitioner was arrested on 4 June 1972 on the torture or to inhuman or degrading treatment or 100 charge of membership in a clandistine political group punishment.” The following decisions of the European 100 engaged in armed struggle. Her case was submitted to Court of Human Rights have helped to delimit the two the military courts in September of that year. Judgment categories of violations.

Black was pronounced on 14 December 1977, and petitioner

Yellow was sentenced to 28 years of rigorous imprisonment Magenta 26 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Legal Number 11, November 2000 UNIVERSAL JURISDICTION AND THE PROBLEM OF IMPUNITY IN CAMBODIA: THE KHMER ROUGE’S CASE

By Youk Chhang

Between 1975 and 1979, the Communist Party of from power, the entire surviving senior leadership of the Kampuchea (CPK), more commonly known as Khmer Rouge continues to enjoy impunity for their role Cambodia’s “Khmer Rouge”, carried out one of the in the Cambodian genocide. There are many reasons for worst episodes of mass slaughter in the twentieth the persistence of impunity in Cambodia, but lack of century. Some two million people, approximately one efforts to bring the accused to justice is not one of these quarter of the entire population, lost their lives in less reasons. than four years. Virtually every legal scholar who has 1. There have been efforts by the Cambodian examined the case of the Khmer Rouge has concluded government to prosecute Khmer Rouge regime. that the leaders of that organization are vulnerable to Contrary to common perception abroad, there legal prosecution on charges of war crimes, genocide have been numerous efforts by the Cambodian and other crimes against humanity. government to bring the perpetrators of the Cambodian Detailed research on the issue of Khmer Rouge genocide to book. culpability has been carried out for more than four years In 1979, the new Cambodian regime which at the Documentation Center of Cambodia (DC-Cam) ousted the Khmer Rouge held a “People’s in cooperation with Yale University’s Cambodian Revolutionary Tribunal (PRT)” in Phnom Penh. Khmer Genocide Program (CGP), Australia’s University of Rouge leaders Pol Pot and Ieng Sary were convicted of New South Wales (UNSW), School of Information, genocide in absentia, and sentenced to death. The Library, and Archive Studies (SILAS), Cambodia’s sentences, of course, were never imposed, and in the Tuol Sleng Genocide Museum and other institutions case of Ieng Sary, the conviction and sentence were around the globe. overturned in 1996. With assistance from lawyers, leading Khmer Between 1979 and 1983, and between 1994 and Rouge experts and scholars, we have made great strides 1997, various individuals were charged and some were in improving our understanding of what happened convicted and jailed in Cambodian domestic during the Khmer Rouge regime. prosecutions connected to alleged involvement with the 50

On of our most important findings has been to Khmer Rouge and their crimes. In no case to date, 50 unravel the mystery of the mechanism through which however, has a senior officer of the Khmer Rouge ever 50

the Khmer Rouge took so many lives. In brief, the been subject to such a proceeding. 50 leadership of the Khmer Rouge established a nation- In March of this year, senior Khmer Rouge 100 wide network of extermination centers through which military leader Chhit Choeun, also known as Ta Mok they liquidated real and imagined enemies of the was captured, and he is now awaiting trial before a 100 communist party at an average rate of 5,200 per week, domestic military tribunal in Cambodia. Cambodian 100 for each and every week of the three years, eight government sources have hinted that other senior 100

months and twenty days of the regime. Another million Khmer Rouge leaders currently living freely in 100

people died of aggravated neglect through starvation, Cambodia−such as Khieu Samphan, who was President 100 disease and overwork. From their own bureaucratic of Democratic Kampuchea (DK), and Nuon Chea, who records, it is clear that they entire leadership of the was Deputy Prime Minister of the Khmer Rouge

Khmer Rouge was complicit in this historic crime. regime−may also face charges in a Phnom Penh court Black Yet more than twenty years after their ouster later this year. Yellow Magenta Documentation Center of Cambodia (DC-Cam) 27 Cyan Number 11, November 2000 Searching for the truth  Legal

Due to the weak nature of the Cambodian Khmer Rouge Prosecutions Abroad domestic legal infrastructure, the lack of properly In June 1997, the Co-Prime Ministers of trained legal staff, and the vulnerability of the Cambodia, Norodom Ranariddh and Hun Sen, Cambodian legal system to political influence, submitted a formal request to the United Nations, international legal experts are nearly unanimous in their asking for help in setting up an international tribunal to view that domestic prosecution of senior Khmer Rouge prosecute Khmer Rouge leaders accused of genocide. leaders is a sub-optimal solution to the problem of Due in part to political turmoil in Cambodia and in part impunity in Cambodia. This brings us to the question of to the very deliberate nature of United Nations prosecutions of Khmer Rouge leader abroad, processes, it was not until February of this year that a employing one or another variation of the emerging United Nations Group of Experts submitted to the Doctrine of Universal Jurisdiction. Secretary General a proposal for international 2. I should discuss efforts inspired by the prosecution of the Khmer Rouge. The Group of Experts Pinochet case, and other extra national appoaches. recommended expanding the subject matter jurisdiction Over the last decade, legal activists in the United of the International Criminal Tribunal for Yugoslavia to States have attempted to use the US Alien Tort Claims include crimes against humanity committed in Act and the Torture Victims Protection Act−to bring Cambodia between 1975 and 1979. In a surprise charges against Khmer Rouge leaders. An effort in 1993 turnabout, however, Prime Minister Hun Sen promptly sought to bring civil charges of wrongful death against rejected this recommendation and declared that Khmer Rouge President Khieu Samphan, but that effort prosecution of the recently captured Khmer Rouge failed due to the inability of the plaintiffs to exercise military leader Ta Mok would take place in Cambodia’s personal jurisdiction over the prospective defendant. domestic courts. And though I am not at liberty to go into any This Cambodian decision has attracted detail, I can tell you that a new effort is currently being widespread criticism from interested parties in the explored to use these two US laws to bring charges international community. Notwithstanding this torrent against Khmer Rouge leaders presently sheltering in the of criticism, it is clear that there are both advantages United States. I believe several other nations have and disadvantages to any given venue, which might be statutes similar to the Alien Tort Claims Act and the selected for prosecuting Khmer Rouge leaders. Torture Victims Protection Act, and it would be a There are several advantages to prosecuting helpful step in combating impunity in Cambodia if Khmer Rouge leaders in Cambodia. countries with the appropriate legal means could Under the Genocide Convention, states parties demonstrate the will to act against Khmer Rouge have the primary obligation to prosecute genocide

50 leaders present on their territory. which has taken place on their territory; all other things Another set of “extra national” legal initiatives being equal, this would be a welcome precedent in the 50 against Khmer Rouge leaders has been inspired in Cambodian case. 50 significant measure by the action against Chile’s The crimes in question took place in Cambodia, 50 Augusto Pinochet playing out in the United Kingdom and consequently, the victims, the perpetrators and the

100 and Spain. In recent months, charges have been filed by evidence all reside in Cambodia.

100 victims of the Khmer Rouge in both France’s and Perhaps of greatest importance, the primary

100 Belgium’s courts. Though there is little precedent for audience for the morality play, which is a genocide these actions, just a few weeks ago the Belgian courts tribunal, in this case, is the Cambodian people. As the 100 agreed to hear the class action suit against Khmer United Nations Secretary General’s Representative for 100 Rouge leaders. Such cases of “extra national” Human Rights in Cambodia, Ambassador Thomas 100 prosecution may hold out hope for the victims of the Hammarberg, has noted, not only having justice done, Khmer Rouge to find some justice after so many years but having the Cambodian people see justice being

Black of suffering and such a sorry lack of legal results. done, would be a most valuable outcome.

Yellow 3. Let me now consider some Pro’s and Con’s of There are also some serious disadvantages to Magenta 28 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Legal Number 11, November 2000 prosecuting KR leaders in Cambodia. are in Cambodia, the logistical and financial obstacles A significant problem with genocide prosecutions to an international proceeding are substantial. Who in Cambodia is the competence of domestic judicial would pay? Already the ICTY/R have a hard time system. There is general agreement, at least beyond the attracting enough funding to support their existing Cambodian government, which such competence does caseload. not presently exist in Cambodia. There are many other important advantages and Among other things, there was no domestic disadvantages to be considered in evaluating the implementing legislation in Cambodia following relative merit of domestic versus international justice in ratification of the Genocide Convention and other the case of the Khmer Rouge, but my time is limited relevant international treaties; thus any genocide today, so I will leave it at that. prosecution would have to rely on a legally suspect In conclusion, I can make two basic observations 1979 decree by the revolutionary front which overthrew about the matter of universal jurisdiction in the case of the Khmer Rouge regime. Cambodia’s Khmer Rouge. After balancing the pro’s There are numerous advantages to an and con’s of domestic versus international prosecution international prosecution of Khmer Rouge leaders. of individuals charged with the crimes of the Khmer The crimes alleged to have been committed Rouge, I must conclude that international prosecution during the Khmer Rouge regime were not merely would be the best approach, presenting the fewest crimes against the Cambodian people. These crimes are potential problems and the greatest potential for of such a serious nature and such an awesome impartial justice not only being done, but being seen to magnitude as to warrant being labeled crimes against be done. humanity. An international court is an appropriate The most important outcome of a genocide jurisdiction in which to hear such serious charges. tribunal for Cambodia would be its impact on The procedural and case law precedent which Cambodia’s “culture of impunity”. Many Cambodian have been established by the activities of the civil servants−politicians, police and soldiers−and even International Criminal Tribunals for the Former some ordinary Cambodian civilians−have lived for the Yugoslavia and Rwanda (ICTY/R) provide a framework last three decades in an environment characterized by which would provide for transparent and fair justice in impunity: the strong take what they can, and the weak the case of Cambodia’s Khmer Rouge. It makes sense suffer what they must, and no one expects that the rule to rely on these established laws and institutions to of law will intervene to modify this relationship. judge accused Khmer Rouge, rather than risking the Convincingly punishing the most serious criminals who possibility of a disorderly process in Cambodia’s have ever existed in Cambodia−the leadership of the present legal environment. Khmer Rouge--is the most effective way we can begin 50

Perhaps more importantly for individuals to erode this culture of impunity and nurture the fragile 50

involved as defendants and as witnesses, an foundations of a culture built on the rule of law. And 50 international proceeding would be able to provide this can best be done by applying universal jurisdiction 50 greater assurances of due process for the accused and in an international legal proceeding against the protection for witnesses than could any trial taking leadership of the Khmer Rouge. 100 place in Cambodia. 100

But there are also some disadvantages to an Please send letters or articles to 100

international prosecution of Khmer Rouge leaders. Documentation Center of Cambodia (DC-Cam) 100

The Hague is far away from Cambodia. There is P.O. Box 1110, Phnom Penh, Cambodia 100 a risk that the distant, formal and rather antiseptic Tel: (855) 23-211-875 100 procedures developed by the ICTY/R would seem Fax: (855) 23-210-358 somehow unreal to the Cambodian people, and that they Email: [email protected]

might not see the results as justice. Black Homepage: http://welcome.to/dccam Because all the witnesses, suspects and evidence Yellow Magenta Documentation Center of Cambodia (DC-Cam) 29 Cyan Number 11, November 2000 Searching for the truth  Legal

Ieng Sary Khieu Samphan Nuon Chea

A SAMPLING OF DOCUMENTARY EVIDENCE LINKING THE KHMER ROUGE LEADERS By Steve Heder

(Continued) Charkei alias Nôv Mean, the former Secretary of Met attended another General Staff meeting on Central Committee Division 170, which was based on 30 August, which had as its first agenda item an the outskirts of Phnom Penh, as “their leader”. Chakrei “examination of enemy situations and measures”. had been removed as Division 170 Secretary and made Opening the meeting, Son Sen reported that four days a Vice Chairman of the General Staff on 15 March, and

50 earlier, there had been “enemy unrest at Ang Prouch, on then arrested on 19 May. the border between Kandal Steung district” of Sector 25 Son Sen presented as purported evidence that an 50 and the neighbouring Sector 33, both in the Southwest “enemy ... leadership apparatus” was behind rural 50 Zone. Those involved in the unrest had “raised a white unrest and problems in the army the fact some Division 50 banner with the slogans ‘Long Live Buddhism’ [and] 170 combatants had recently “deserted” and fled to East

100 ‘Long Live the White Khmer Front of Liberation from Zone Sector 20, where they had “conducted agit-prop to

100 Rice by the Can’”. This pro-Buddhist, anti- the effect that there was unrest in Phnom Penh”, and

100 Communist, anti-communal eating movement had been that there had also been “agitation to steal” in certain “getting ready for major unrest”, but it had “already military units. Son Sen advised Met and other senior 100 been sorted out by the grassroots” political military cadre present that they should “examine and 100 administration, through the arrest of more than 160 keep track of no-good elements” in their divisions, and

100 people. Moreover, Son Sen explained, their “organize for them to be administered separately”, that “responses” during interrogation had supposedly is, cull them out of existing units and concentrate them

Black revealed their there was “a nexus between this situation some place apart.

Yellow and our army”, because they had implicated Chan At the meeting, Met himself reported that one of Magenta 30 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Legal Number 11, November 2000 his men had deserted, while another had recently “hung socialist revolution means eating rice gruel with himself to death”. Other leading cadre recounted their bindweed, and when we reach communism, we’ll be units’ recent arrests. Division 450 Secretary Chea Non eating plain bindweed.” Central Committee Division alias Suong (later purged), reported the arrest of a 801, reported that one combatant of this unit deployed former courier who had fled into the forest “with the in the Northeast Zone who had tried to flee to Laos had White Khmer”. The Deputy Secretary of Division 310, been “caught and brought back”, and under Yim Chheuan alias Veuang (later purged), reported the interrogation had said that “our revolution is strict and arrest of two persons who had been “stealing food difficult, not like the Lao and Vietnamese Revolutions”. supplies in the Olympic Stadium and Calmette Hospital A cadre from General Staff Logistics revealed that an areas” of Phnom Penh. Under interrogation, these two “old society fisherman” working under the General detainees had “said they were looking to steal rice in Staff “was active opposing the collective eating system, order to make the trip” to their homes in the saying that, ‘What bullshit this socialist revolution is, countryside. Veuang also reported that in Division 310 eating rice gruel this way’.” there was “theft and agitation to the effect that making Son Sen concluded from these accounts that it

Pol Pot Khieu Samphan Ieng Sary Nuon Chea

Son Sen Vorn Vet Mok Duch 50 50 50 50

Ke Pauk Ieng Thirith Khieu Ponnary Yun Yat 100 100 100 100 100 100 Black Yellow Magenta Documentation Center of Cambodia (DC-Cam) 31 Cyan Number 11, November 2000 Searching for the truth  Legal

was “apparent that the enemy has commenced to the grassroots”. activities, and these are activities endowed with a In a report over his signature on 1 September leadership network because the news is the same and 1976, Met informed the General Staff that Battalion the slogans are the same.” He warned that: 513 of Division 502 had arrested “two persons, one “The enemy would like to take the opportunity to named Sut and another named Eng, on 19 August 1976” gather up no-good elements, the status−and rank- near the south wall of Pochentong airport. This conscious, those whose families we have swept out, followed an incident on 15 August, when “some those whom we have removed from their positions, and strangers stole some equipment” in Battalion 513’s area those who have not internalized the revolutionary of operation. According to Met’s report, during movement and can’t keep up with the rest, and, at the interrogation, Sut and Eng identified themselves as same time, the new people who don’t yet understand combatants of the Central Committee’s marine things, whom we are putting in difficulty and Regiment 152, and the report treats them as acting on temporarily lack food: the CIA enemy is finding behalf of an enemy network. It declares that according opportunities to gather them all up to attack us.” to their “responses”, they “were going around stealing He insisted that although “95 per cent of the things to eat, such as rice, chickens and various items.” people ... are good”, perhaps 2 per cent of the These “theft actions” had supposedly been “whipped population comprised “no-goods”, and that these up” as part of an enemy “organizational plan” by two existed within the army. He declared that it was persons named Sovan and San, “whose agitation was “imperative to conduct further purges of no-good that making revolution is difficult, there’s not enough elements” and “to be absolute” with them, “but not rice to eat, and that those who want to be bigshots leftist”. He explained this meant differentiating should have formal officer ranks.” between those who were “supporters” of the enemy and Met attended another meeting of division leading those who were not, and among the supporters whether cadre on 16 September, where he listened to more this was “because of not understanding or are they reports of arrests and more explanation and advice from supporters because they are opponents in league with Son Sen. Division 310 Deputy Secretary Veuang the enemy?” In any case, the no-good elements must be revealed that it had detained a boy at Prek Kdam, north removed from their units and be “concentrate[d] ... in of Phnom Penh, “who said that a woman named one location” where they would be educated separately. Meuang ... assigned him to come at reconnoitre our He added that in no case should they be allowed “to go arms dump in Phnom Penh.” Division 703 Secretary Pin reported the arrest of “eight persons travelling by boat” off the coast of Kampung Saom, who had been trying to

50 escape to Viet Nam, and whom he said had been “sent

50 back to the grassroots”. Son Sen then expounded on “the enemy activities 50 in the American imperialism and their lackeys 50 department”. In an apparent reference to the results of 100 the interrogation at S-21 of Cambodians who had been

100 allowed to come back to Cambodia from the United

100 States and other places since April 1975, he declared that “according to the responses of those returning from 100 abroad who we sent to do production and who fled, they 100 say they fled in order to report to the CIA in South Viet 100 Nam.” Their “responses” had supposedly also revealed a French and United States imperialist plan to attack Black Ieng Thirith Cambodian islands in the Gulf of Siam. Referring to

Yellow “the infiltration links” of the previously arrested former Magenta 32 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Legal Number 11, November 2000

Secretary of Division 170, Chan Chakrei alias Nôv enemies inside the country and inside our ranks”, all of Mean, Son Sen declared that “the Chakrei links are a which were “CIA activities”. In another apparent major infiltration network that is in contact both with reference to those already identified as “traitors” by S- American imperialism and the revisionists” of the 21 among Cambodians who had been allowed to return Soviet Union and Viet Nam, and that his links had been to the country from the US and elsewhere, Son Sen said “making contacts” within the Revolutionary Army “to the first network included those who had “pretend[ed] win over those having contradictions over status and to request to enter the country legally”, as well as those rank and those dissatisfied with our revolutionary infiltrators who had come “surreptitiously by way of the regime”. This was because “Soviet, Vietnamese and Thai border”. According to Son Sen, their first “attack CIA links were all connected to Chakrei.” The “current actions” had begun in June 1976. In an apparent agitation actions” within the armed forces demonstrated allusion to their “confessions”, Son Sen revealed that the existence of “links to CIA” among “those with an this network’s plan was “to attack so as to liberate incorrect revolutionary stance”. All this proved that the everything by 1980. They assassinate cadre and do army had been lax in allowing no-goods, deserters and surreptitious wrecking of fuel depots, airports and others enemy infiltrators who had been purged from the factories.” A network of Soviet-Vietnamese agents had army during the 1970-1975 war to re-enter it after 1975, meanwhile also been “going all out to expand” their along with “newcomers who had never fought at all” “infiltrators in the army and in the grassroots”, also as and “even evacuees from Phnom Penh”. He called on part of a plan “to attack us and take us in 1980, like the leading cadre “to follow up troop biographies clearly CIA”. As proof of their interconnectedness, Son Sen and conscientiously, especially of those we have again offered enrolled recently”, apparently in order to weed out such The case with the network of the contemptible elements by means that were not specified. Chakrei, who was a CIA who nevertheless had intimate Also on 16 September, Son Sen addressed a connections with the revisionist networks in the meeting of “Comrades” of Mut’s Division 164 at which grassroots of Sector 24 and Sector 25 that were they discussed the discovery of alleged plans by a connected to Viet Nam. He gathered in some cadre who platoon cadre and some 40 other persons in the division had contradictions about rank and status. They got to desert, and expressed concern about “strange together with the idea of smashing our apparatus in activities” among “base people” near Kampung Saom April 1976. Simultaneously, they conducted little that they blamed on former Khmer Republic soldiers activities as political and military guerillas. engaged in “no-good movements”. They also discussed Despite the unmasking of Chakrei, continuing the recent arrest of two ex-Khmer Republic first vigilance was imperative against the ongoing threat of lieutenants. Son Sen instructed the Division to “arrest an “enemy attack from the inside” by “those who are 50 and interrogate” the accused platoon cadre, Vung Sruol. burrowing from within among us”. Son Sen explained 50

He instructed it to make sure to “round up” deserters that those present must “grasp firmly the class 50 and make them “do production in one place”, and also perspective and that of class struggle”, according to 50 to “round up” all ex-Khmer Republic “soldier which the resulting contradictions “between revolution elements”. He did not specify what should be done and imperialism-revisionism” were “of a more acute 100 with the latter. character than before”. Thus, although attacks by 100

It is not clear whether Mut was present at this 16 enemy networks “burrowing from within the grassroots 100

September meeting, but it is certain that both he and and our army” had “been basically defeated” because 100

Met attended the General Staff meeting convened on 19 the most important of these networks had now been 100 September, at which S-21 was represented by its “attacked and smashed”, it remained: 100 number three cadre, Huy. “Imperative to have the perspective that the They and the other cadre present heard another enemies are not all gone; they are continuing further

exposition on the situation from Son Sen, who called with their activities of attacking us. Therefore, do not Black for continuing concern “about the activities of the be optimistic in a non-revolutionary way.” (Continued) Yellow Magenta Documentation Center of Cambodia (DC-Cam) 33 Cyan Number 11, November 2000 Searching for the truth  Public Debate

Black Paper

Pol Pot Khieu Samphan

KHMER ROUGE VIEW ON KAMPUCHEA KROM

Ieng Sary Nuon Chea

Department of Press and Information of the Ministry of Foreign Affairs of Democratic Kampuchea September 1978 Son Sen Vorn Vet

(Continued) defined political line. But they let by themselves their 3. The Struggle Between Kampuchea and revolutionary movement, the open and underground Vietnam on The Issue of The Political Line From 1954 struggles in the cities as well as in the countryside.

50 to 1970 During this period, the revolutionary movement of

50 During the period from 1945 to 1954, the Kampuchea tempered itself in the struggle, which

50 revolutionaries of Kampuchea who were then allowed the revolutionaries of Kampuchea to struggling against the French colonialists were not progressively forge their position of being independent, 50 independent. sovereign, of relying on their own forces and 100 From 1954 to 1970, the struggle opposed the determining their own destiny as well as their

100 political line of the Communist Party of Kampuchea, a confidence in their own forces and capability of making

100 line of independence, sovereignty, self-reliance and of by themselves their own revolution. It is on the basis of

100 determining by itself its own destiny, to the political these actual experiences between 1954 and 1960 that line of expansion and annexation of the Vietnamese the revolutionies of Kampuchea organized a Congress 100 party. That was a dogged and stubborn struggle. It can in order to found the Communist Party of Kampuchea 100 be divided into two periods. on September 30, 1960, to determine the strategical and 1. Period from 1954 to 1960 tactical line, to adopt the Statute of the Party and to Black During this period the revolutionaries of elect the Central Committee of the Party. The

Yellow Kampuchea didn’t yet have a party with a clearly revolutionaries of Kampuchea have then clearly laid Magenta 34 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Public Debate Number 11, November 2000 down their political line and their way. world pease as a priority task. When they knew that the Communist Party of 2. Period From 1961 to 1970 Kampuchea had been definitively set up, the In 1961, the Vietnamese continued to attack the Vietnamese started to launch systematic attacks against political line of the Communist Party of Kampuchea. Kampuchea’s revolution. To this end they used several They worked out a political line for the Communist procedures and especially the two following: Party of Kampuchea and handed over this document in a. They secretly organized another organ of Vietnamese language to the leaders of the Communist leadership, another party, without the knowledge of the Party of Kampuchea. This document mentioned neither revolutionaries of Kampuchea. It was at the moment the struggle against US imperialism nor class struggle. when the revolutionary movement of Kampuchea made It was a political line which was conspicuous for its great strides, but it was also at the moment when the confusion. enemy’s repression was in full swing. The men they From 1962 to 1964, the Vietnamese intensified placed in position were the old cadres they had trained their attacks. They wanted to nip in the bud the before the 1954 Geneva Agreements and that movement for carrying out the Communist Party of afterwards belonged to the Pracheachon group. Kampuchea’s line, for this movement did not yet make Some elements of this group openly attacked the great strides. But in 1964, as the people’s movement Communist Party of Kampuchea, when the others started to develop vigorously, the Vietnamees broke out carried out manoeuvres of seduction. And they against the Communist Party of Kampuchea. They launched continuous attacks at the time when our Party accused it of being adventurist and leftist. In fact, they had not yet achieved its unity in the whole country. were frightened by the soaring of Kampuchea’s Such were the activities organized by the Vietnamese revolutionary movement, by the continuous against the Communist Party of Kampuchea inside the development and strengthening of the Communist Party Party itself. of Kampuchea and the revolutionary forces of b. The Vietnamese attacked by themselves the Kampuchea. Faced with this situation, they policy of the Communist Party of Kampuchea. They concentrated their attacks against the line of the Party entirely opposed the Communist Party of Kampuchea by coordinating their own attacks with those of the since 1960. group they had organized before. These attacks were They were against the analysis of the waged inside the organ of leadership of the Communist Communist Party of Kampuchea concerning the Party of Kampuchea itself by leading cadres who were division of Kampuchea’s society into classes. They agents infiltrated into the Party by the Vietnamese. pretended that Kampuchea did not yet gather together In 1965, the Communist Party of Kampuchea the conditions of a society divided into classes. They sent a delegation abroad. It was the first delegation to 50 asserted that Kampuchea’s society had the same pay a visit abroad. It was led by Comrade Secretary Pol 50

characteristics as those in Laos. By rejecting the Pot. They journey was made on foot from the 50 analysis of the classes of the Communist Party of revolutionary base in Kampuchea up to Hanoi. 50 Kampuchea, it was clear that the Vietnamese were The delegation of the Communist Party of opposed to the whole line of the Party. Vietnam was led by Le Duan. 100 They were against the line of independence The talks lasted for a very long time, for the 100 and sovereignty of the Communist Party of Vietnamese dragged on the discussions aiming at 100

Kampuchea. deviating the political line of the Communist Party of 100

They also opposed the line consisting of Kampuchea. As a matter of fact, the Communist Party 100 waging at the same time the armed struggle and the of Kampuchea has had a political line of its own and 100 political struggle. thanks to this line, Kampuchea’s revolutionary To support their arguments, the Vietnamese movement has made great strides. This made the

referred to the resolution of the 81 parties adopted in Vietnamese worried for if Kampuchea’s revolution Black Moscow in 1960, which considered the defence of the went on, that would affect their revolution with the Yellow Magenta Documentation Center of Cambodia (DC-Cam) 35 Cyan Number 11, November 2000 Searching for the truth  Public Debate

ruling classes in Phnom Penh. What was worse, if automatically bring about the victory to Kampuchea. Kampuchea’s revolution developed and strengthened in During the talks, the Vietnamese knew perfectly full independence, the Vietnamese would not be able to that the Communist Party of Kampuchea firmly abided control it. That was why they had to absolutely deviate by the position of independence and sovereignty. That this line. is why they concentrated their attacks against this With this objective in view, the Vietnamese had position. Le Duan affirmed that in the world it is gather together their points of view in a document for impossible to abide by the position of independence and Kampuchea’s side. Le Duan had sent a lot of his time sovereignty. One has to rely on others. It is also true for drafting this document. He had looked over and Vietnam. As for the three countries, Vietnam, Laos and corrected it several times. The Political Bueau of the Kampuchea, they have to support each other. Vietnamese Party had also examined and corrected it. This struggle on the issue of the political line was This document, written in Vietnamese language very keen. But Kampuchea’s side was always patient mentioned neither class struggle nor struggle against and serene, and did nothing that could give offense to the US imperialists. In this document, it was written the Vietnamese side. After the departure of Comrade that when Vietnam achieves victory, it would come to Secretary Pol Pot to Kampuchea, the Vietnamese knew liberate Kampuchea. that the Communist Party of Kampuchea would In this document, the Vietnamese carried out a continue to carry out its line which was to wage armed stand-up attack against the revolutionary concept and struggle in combination with political struggle. position of the Communist Party of Kampuchea, so that They then intensified their activities against the it would abandon the revolutionary struggle and wait Communist Party of Kampuchea. In the East and until the Vietnamese achieve their victory which would Southwest revolutionary bases, the Vietnamese carried 50 50 50 50 100 100 100 100 100 100 Black Yellow Magenta 36 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Public Debate Number 11, November 2000 out activities aiming at creating confusion and division revolution at all, even though their organs of leadership in the ranks of Kampuchea’s revolution. They acted by were settled everywhere in Kampuchea. They reasons themselves and also made to act the Khmer elements was that the two lines, that of the Communist Party of they had organized for a long time and infiltrated into Kampuchea and that of the Vietnamese Party were ranks of the Communist Party of Kampuchea. Abroad, entirely different. So, the Vietnamese had to fight they carried out many activities of division. They against the Communist Party of Kampuchea. Besides, distributed: “Leftism, the infantile disease of the Vietnamese had to deal tactfully with the ruling Communism” by Lenin, so that the Khmers in Hanoi classes in Kampuchea in order to enjoy their help. intensified their attacks against the Communist Party of The Communist Party of Kampuchea asked Kampuchea. nothing from the Vietnamese, but that they kept quiet In February 1967 an armed uprising broke out in and abstained from carrying out activities against Samlaut, Battambang provinces. The Vietnamese were Kampuchea’s revolution and people. But the panic stricken and intensified their attacks against the Vietnamese secretly incited the cadres of the Communist Party of Kampuchea. When shotly after, Communist Party of Kampuchea to opposed their Party there was a certain lull, they were delighted and felt a and continued to set up secret networks. bit relieved. The political line of the Communist Party of But in 1968, when the armed struggle movement Kampuchea was correct. If the Party had not led the was launched in Kampuchea, the Vietnamese once armed struggle, Kampuchea’s revolution would have again opposed it. been condemned to disappear sooner or later. It it had In the armed struggle from 1968 to the beginning led only the political struggle, the enemy would of 1970, the Vietnamese did not help Kampuchea’s certainly have destroyed all its revolutionary bases. 50 50 50 50 100 100 100 100 100 100 Black Yellow Magenta Documentation Center of Cambodia (DC-Cam) 37 Cyan Number 11, November 2000 Searching for the truth  Public Debate CAMBODIA: JUSTICE DELAYED By Ben Kiernan

Twenty-five years ago this month, the Khmer rejected numerous invitations to send delegations of Rouge army entered Phnom Penh, the capital of jurists to Cambodia to investigate the crimes of the Cambodia. Thus began a genocidal regime which Khmer Rouge and possibly initiate official legal action. killed, starved or worked to death 1.7 million of 8 The American Bar Association, LawAsia, and the million Cambodians, before it was overthrown by International Commission of Jurists all refused. Hanoi’s troops in 1979. For the next twenty years, Pol Only the Australian branch of the International Pot, one of the worst mass murders of the twentieth Commission of Jurists showed interest, in the late century, evaded justice. Two years ago he died in his 1980s. Powerful U.S. media outlets also campaigned to sleep. derail the attempt to document Khmer Rouge crimes. China, the United States, and the Association of But, at Cambodia’s request in 1997, the U.N. set Southeast Asian Nations (ASEAN), including Thailand, up a Group of Experts to investigate, headed by former all supported Pol Pot’s Khmer Rouge in various ways. Australian Governor-General Sir Ninian Stephen. Its The Great Powers opposed attempts to bring the Khmer Pol Pot Rouge to justice. No country in the world could be found to file a case against them in the

50 World Court. The Khmer

50 Rouge held on to the Cambodian seat in the United 50 Nations, representing their 50 victims for another fifteen 100 years even though they were

100 openly accountable for their

100 crimes. Rather, international

100 aid poured into their coffers, abetting their war to retake 100 power. 100 Governments were not alone at fault. In the 1980s, Black respectable non-government

Yellow international legal bodies Magenta 38 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Public Debate Number 11, November 2000

1999 report recommends an international tribunal to try a real coalition, nor a government, nor democratic, nor Khmer Rouge leaders for genocide, other crimes in Cambodia! Thus the Khmer Rouge flag flew over against humanity, and war crimes. Negotiations are now New York until 1992. underway with the Cambodian government, which has Several actors contributed to the impunity the captured or accepted the surrender of the surviving Khmer Rouge enjoyed after 1979: Khmer Rouge leadership. Thailand Why did it take so long? From 1979 to 1994, Thailand provided key support to the Khmer there was tremendous international opposition to any Rouge−beyond physical sanctuary along the border, or legal action against the Khmer Rouge. Only since 1994 secret diplomatic aid. (See Dr. Puangthong has there been an important shift. Rungswasdisab, Thailand’s Response to the Cambodian 1979-1994 Genocide, Yale University Genocide Studies Program, When the Vietnamese army ousted the Khmer 1999.) In 1985, Thailand’s Foreign Minister described Rouge in 1979, most of the world lined up in Pol Pot’s deputy, Son Sen, as a “very good man.” In confrontationalist Cold War positions. By intervening, 1991, General Suchinda Krapayoon, who had seized Hanoi was seen as having created ‘the Cambodian power in Thailand through a coup, told a U.S. senator problem’ rather than having ended the genocide. With that he even considered Pol Pot a “nice guy.” the support of Australia as well as the United States and Thai premier Anand Panyarachun told Pol Pot’s China, the Khmer Rouge held on to Cambodia’s U.N. front man, Khieu Samphan: “Sixteen years ago I was seat. The only major Western country that abstained, also accused of being a communist. Now they have but did not vote against the Khmer Rouge on the issue, picked me as prime minister. In any society there are was France. always hard liners and soft liners, and society changes From 1979 to 1982 the Khmer Rouge continued its attitudes toward them as time passes by.” to hold Cambodia’s seat alone, using the name After meeting Pol Pot in 1991, Suchinda pleaded ‘Democratic Kampuchea.’ Then two smaller non- to the media that Pol Pot had no intention of regaining communist parties joined them in a ‘Coalition power any more and it was time to treat him ‘fairly.’ Government of Democratic Kampuchea’−in fact neither The media In the early 1990s some of the Thai-based media were encouraged by official Western agencies to speculate that the Khmer Rouge leopards had

Thiounn Prasit Ieng Sary changed their spots. First, they 50

had become ecologists. One 50

reporter recorded in 1991: 50 “Western intelligence sources 50 along the Thai-Cambodian border say that Pol Pot recently 100 issued a directive calling on 100

Cambodians not to poach birds 100

or animals and to refrain from 100

killing them for any reason.” Pol 100 Pot’s military commander, ‘Ta’ 100 Mok, was reportedly described by the same Western

intelligence sources as being Black “hot on ecology issues and Yellow Magenta Documentation Center of Cambodia (DC-Cam) 39 Cyan Number 11, November 2000 Searching for the truth  Public Debate

protection of endangered species.” counts of genocide, as the UN’s Group of Experts Describing his battlefield commanders in 1987, reported in 1999. Pol Pot noted that, “Mok is the best among them. Chinese and U.S. policies Despite his brutality, the good outweighs the bad.” “I do not understand why some people want to Junior commanders described Mok as “cruel but remove Pol Pot,” said China’s Deng Xiaoping in 1984. reasonable”; Mok is quoted as saying, “I know that “It is true that he made some mistakes in the past but people inside Cambodia fear me.” Such statements now he is leading the fight against the Vietnamese were apparently not reported in the press. aggressors.” China provided the Khmer Rouge forces An analyst at a Western embassy in Bangkok with $100 million in weapons per annum all through the even described the Khmer Rouge as “much more 1980s, according to U.S. intelligence. A large Chinese respectful of civilians than the other three factions.” arms shipment in mid-1990 violated a previous promise Reporting on the Paris Agreement of 1991, the Far to cut weapons deliveries to the Khmer Rouge in return Eastern Economic Review reported that “diplomats say for Vietnam’s September 1989 withdrawal from that the Khmer Rouge would not have signed an Cambodia. agreement that it did not intend to follow.” Khmer For more than a decade, official Western support Rouge troops quickly attacked 25 villages in Kompong for Deng Xiaoping’s China spilled over into support for Thom province, driving 10,000 people from their his protégé Pol Pot. Former U.S. National Security homes. While some diplomats called this the “worst Advisor Zbigniew Brzezinski recalls that in 1979, “I violation of the cease-fire so far,” others argued that encouraged the Chinese to support Pol Pot. Pol Pot was “the Khmer Rouge apparently mounted the attacks to an abomination. We could never support him, but China hasten deployment of U.N. peacekeepers to the area.” could.” According to Brzezinski, the United States More recently, some journalists have been slow “winked, semi-publicly” at Chinese and Thai aid to the to report the findings of legal specialists that the Khmer Khmer Rouge. At the same time, international aid to the Rouge have a case of genocide to answer. Writing in the Khmer Rouge on the Thai border was pushed through New Yorker in August 1998, Philip Gourevitch by United States officials. asserted: “But the regime of death that the Khmer In the 1980s, U.S. Secretary of State George Rouge visited on Cambodia does not properly fit the Shultz opposed efforts to investigate or indict the legal definition of genocide: ‘acts committed with an Khmer Rouge for genocide or other crimes against intent to destroy, in whole or in part, a national, humanity. Shultz described as “stupid,” Australian ethnical, racial or religious group.’ Although some Foreign Minister Bill Hayden’s 1983 efforts to minority groups were singled out for special encourage dialogue over Cambodia, and in 1986 he

50 persecution in Pol Pot time, the crime as a whole was declined to support Hayden’s proposal for an the systematic mass murder of Cambodian people by international tribunal. In 1985, Shultz visited Thailand 50 the Cambodian state… to say that it was not genocide and warned against peace talks with Vietnam, allegedly 50 does not diminish the offence.” In fact, the leading legal telling ASEAN “to be extremely cautious in 50 study of the case had already concluded differently: formulating peace proposals for Kampuchea because

100 ‘The existing literature presents a strong prima facie Vietnam might one day accept them.”

100 case that the Khmer Rouge committed acts of genocide The Bush administration also took a hard line

100 against the Cham minority group, the ethnic against Thailand, especially after the advent of a Vietnamese, Chinese and Thai minority groups, and the democratically elected Prime Minister there in 1988. 100 Buddhist monkhood.’ Inventing a new legal concept− Thailand’s new policies−turning Indochina into a 100 ‘the crime as a whole’−does diminish the offence. marketplace rather than a battlefield, and engagement 100 Genocide is the most serious crime, often called an with Vietnam and Cambodia−were seen as a defection ‘aggravated’ crime against humanity because of the from China’s and the U.S.’ posture.

Black proof of intent, and its victims have a specific legal

Yellow remedy. The Khmer Rouge regime committed five (Continued) Magenta 40 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Public Debate Number 11, November 2000

CAMBODIA: RULING WITH IMPUNITY = THE IENG SARY CASE

By Julio A. Jeldres

A few days ago, Cambodian prime minister, party’s state apparatus. Samdech Hun Sen, told Kyodo news agency that former Samdech Hun Sen’s continuous statements to the Khmer Rouge Deputy Prime Minister in charge of effect that Ieng Sary should be brought to trial and then Foreign Affairs, Ieng Sary, should not be brought to trial his retractions that Ieng Sary “should not be tried twice on charges of genocide committed during the Khmer for the same crime” leads me to believe that there will Rouge’s 1975-1979 reign of terror in Cambodia. never be an independent process to try those Khmer The Cambodian premier said that Ieng Sary Rouge leaders responsible for the mass murders that made a significant contribution to national took place in Cambodia between 1975-1979. reconciliation by leading 70% of former Khmer Rouge According to Youk Chhang, director of the forces to the government side, leading to the Documentation Center of Cambodia, which has spent 50 elimination of the Khmer Rouge military organization. several years gathering evidence for an eventual Khmer 50

He added that “Ieng Sary showed goodwill by Rouge tribunal, “we have enough information for the 50 bringing down the Khmer Rouge” and that “the King prosecutors to begin a case against Ieng Sary”. 50 signed the amnesty for Ieng Sary that led many of the In Europe, the widows of former Cambodian rebels to defect”, in reference to a September 1996 diplomats, recalled back in December 1975 by a 100 amnesty granted to Ieng Sary by King Norodom telegram signed personally by Ieng Sary, blame him 100

Sihanouk at the request of the then two co-Premiers of also for the disappearance of their husbands and sons. 100

the Royal government of Cambodia. In most cases, the Ambassadors and other diplomats 100

Ieng Sary and other Khmer Rouge leaders were were sent “for re-education” upon their arrival in 100 sentenced to death in absentia in 1979 by a tribunal Phnom Penh from their respective posts. Re-education 100 organized by the Vietnamese army occupying being, of course, a Khmer Rouge euphemism for the Cambodia at the time and staffed with “judges” from death sentence.

Cuba and other countries where the judicial systems are Strangely, the Cambodian premier constantly Black not independent but rather form part of the ruling uses the amnesty given by King Sihanouk to Ieng Sary Yellow Magenta Documentation Center of Cambodia (DC-Cam) 41 Cyan Number 11, November 2000 Searching for the truth  Public Debate

to justify his defense of Ieng Sary in front of the people in the National Assembly on this matter, His Majesty of Cambodia and the international community. repeated, before his visitors left him, that the royal I am often asked why His Majesty the King decree should be supported in writing by two thirds of agreed to the request made by HRH Samdech Norodom the National Assembly, adding that individual letters Ranariddh, First Prime Minister and, Samdech Hun addressed by the deputies to the King would suffice. Sen, Second Prime Minister of the Royal government of The two co-Premiers gave a formal assurance to His Cambodia to grant an amnesty to such a notorious mass Majesty that they could deliver at least 80 signatures of murderer as Ieng Sary. deputies agreeing to the amnesty, thus satisfying His Firstly, it should be said that under the 1993 Majesty’s precondition. Cambodian Constitution, His Majesty the King is 3) To show his goodwill, Samdech Hun Sen empowered to grant amnesty of his own volition or after pledged, in front of the King and the throne, that he a request from the head of the Royal Cambodian would cooperate closely with Prince Ranariddh in government has been received. governing the country and that their quarreling would Let me recall the events surrounding this royal end. His Majesty was very happy by this news saying amnesty for Ieng Sary, back in September 1996. that if the two co-Premiers quarreled, as had been the 1) On Saturday 14 September 1996, the two co- case since March 1996, it would only benefit the Prime Ministers of the Royal Government of enemies of Cambodia. Cambodia, HRH Samdech Norodom Ranariddh and 4) The same evening, at his wedding anniversary Samdech Hun Sen requested an audience with His reception, Prince Ranariddh told ASEAN Ambassadors Majesty the King. His Majesty received them at the of the signature of the royal decree by His Majesty the Throne Hall, where they submitted to the King an King, thus breaking the promise made to the monarch already drafted royal decree granting amnesty to Ieng and making the amnesty public; Sary. His Majesty signed the royal decree but advised 5) The royal amnesty signed by King Sihanouk the two co-Prime Ministers that they should get the granted Ieng Sary a pardon for the sentence passed on support of two thirds of the National Assembly, the him by the “international tribunal” in 1979 and granted representatives of the people of Cambodia, before immunity from prosecution under the 1994 legislation making the royal decree public and promulgating it. outlawing the Khmer Rouges. It did not, however, give 2) As the two co-Premiers were against a debate Ieng Sary immunity from possible future war crimes or genocide trials for his role in the Pol Pot Ieng Sary regime, which claimed the lives of thousands of Cambodians.

50 Ieng Sary has claimed over the years since the amnesty that he is 50 completely innocent of the crimes 50 he is alleged to have committed. 50 He insists that most decisions were

100 made by a so-called “gang of four”

100 composed of Pol Pot (already

100 dead), Nuon Chea (living in Pailin) who was the real “brother number 100 two”, Son Sen and his wife Yun 100 Yat (both murdered in June 1997). 100 He has also claimed that after the “Democratic Kampuchea”

Black government was formed in April

Yellow 1975 not a single cabinet meeting Magenta 42 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Public Debate Number 11, November 2000 was held. This again is plainly not true, as the minutes Deputy Prime Minister in charge of Foreign Affairs he of cabinet meetings are available and he attended some had nothing to do with the genocide”. Next, he may cabinet meetings. say, as the Nazis at Nuremberg did, that he was In his memoirs for the period, which I have just following orders! completed translating and which will be published in I would suggest that the Samdech Hun Sen and Bangkok before the year’s end, His Majesty King the Cambodian government need not to fence Sihanouk tells how on 5th January 1979 he was themselves behind the notion of “national summoned to a meeting with Pol Pot at Government reconciliation” to defend this gang of murderers who House, where he was informed of the Vietnamese currently enjoy a rather comfortable life in Pailin and invasion of Cambodia and asked to plead the cause of Phnom Penh, while their victims have to live side by his nation and people at the United Nations Security side with their abusers. Any politician that does so, Council in New York, which His Majesty accepted. cannot be trusted to guide their nation towards a Pol Pot told His Majesty that all his family could peaceful or democratic future. Just as those who equate leave Cambodia the same afternoon in a special enforcing criminal law with revenge show no respect Chinese plane but Ieng Sary intervened to say that only for the law or human rights. the King and Queen could leave and that the rest of the When such government abdicates its family would remain in Phnom Penh. Ieng Sary wanted responsibilities to punish violations of human rights, as to keep His Majesty’s family (what was left of His the Cambodian government appears to be doing, the Majesty’s own family) in Cambodia to ensure that His international community should step in. Majesty did not say or do anything detrimental to the I realize that this issue is a thorny one but I would regime. But Pol Pot prevailed and everyone left that suggest that the Cambodian Prime Minister will earn afternoon. the respect of his own people and the international At a press conference on 9th September 1996, community only if he gives the right answer to his Ieng Sary said, in answer to a question from a foreign people’s cry for justice and ceases trying to defend the journalist that he did “not feel remorse because as indefensible.

Pol Pot Ieng Sary 50 50 50 50 100 100 100 100 100 100 Black Yellow Magenta Documentation Center of Cambodia (DC-Cam) 43 Cyan Number 11, November 2000 Searching for the truth  Family Tracing

THE VIETNAMESE SEARCH FOR THEIR RELATIVES LOST DURING DK

By Sorya Sim

A total of 148 Vietnamese family members were the rest gave unclear addresses. claimed to have lost in Cambodia according the 1976 Of the 30 petitions, two petitioners have attached petitions from 30 relatives. The petitions, dated photos of the lost relatives. On August 8, 1976, Ngo Thi between June-October 1976, were in hand-written and Tien wrote a letter requesting information regarding her typewritten Vietnamese language. The petitions husband and daughters who disappeared in Cambodia. mentions the addresses of the petitioners in Vietnam The then 43 years old Ngo Thi Tien along with three and their lost relatives in Cambodia. Of the 30 sons had returned to Vietnam and lived at no.539, street petitioners, 11 lived in Ho Chi Minh city, 10 in Dong 20, Tran Hung Dao Road, Ho Chi Minh city. Her Tap province, 2 in An Giang, 1 in Hau Giang, 1 in husband Chok Pak and her two daughters Ngo Thi Srey Quang Minh and the rest gave unclear addresses. Of the and Ngo Thi pau lived in Daun Tuot village, Nhien 148 lost relatives, 51 lived in Phnom Penh city, 33 in Nhan commune, Tram Kak district, Takeo province. In Kampong Chhnang Province, 11 in Kandal, 10 Siem the letter, she wanted them to also return to live with her Reap, 7 in Takeo, 6 in Kampong Cham, 4 in in Vietnam. Battambang, 3 in Battambang, 1 in Kampong Speu, and

Ngo Thi Srey Ngo Thi Peou 50 50 50 50 100 100 100 100 100 100 Black Yellow Magenta 44 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Family Tracing Number 11, November 2000

Chey Province. “Life here is very difficult. We were GRANDMOTHER provided a thin rice gruel, made from five cans of rice and some water flowers for the entire unit. As the days passed, people kept dying, either from disease, starvation, or food OF “FERTILIZER” poisoning from eating various leaves. The Khmer Rouge By Sopearith Choung took people to Po Penh to be killed”. She confirmed to us that there was a site in Phnom During the Khmer Rouge regime, Chhay Rin was Srok District, where people were forced to make fertilizer an old woman the Khmer Rouge soldiers evacuated to live from human bodies and wastes. She told us that she was in a jungle area known as Po Penh, situated in Phnom Srok required to excavate graves and get the bodies to make District, Banteay Mean Chey Province. That remote area fertilizer. As far as the making of fertilizer is concerned, was far from the national road, and barely accessible by she said that her unit was supposed to go out looking for vehicle. If we walk down the country road leading to the graves and pits, unearth them and get the bodies out. Then, area it will take us at least half a day to get there. She told they pealed the flesh and things from the bodies, and took us about her life in the area during the Khmer Rouge the cleaned bones to burn and make fertilizer out of the regime. She and her female unit of 40 women were ashes. She stated that every day she was required to required to make fertilizer out of human bodies and collected human remains and bones in order to make excrements. The Khmer Rouge simply referred to her as fertilizer. “Yeay Chi”, meaning “Grandmother of fertilizer”, because Yeay Chi went on explaining about the hard times she was appointed Chief of the female unit responsible to and all difficulties she encountered, “In the beginning, I produce fertilizers. In spite of the fact that she did not like could not stand the smell of corpses, but as time passed it the kind of nauseous work she was doing and the hard would not really matter to me. However, I did not try to conditions she was in, she managed to endure it, trying to remove the flesh from the corpses immediately after I live her life as if she were not able to see and smell. That excavated them, because it smelled too bad. No matter was because she wanted her family to be safe from how bad the smell was I never had any objections since the persecution or execution by the Khmer Rouge. Khmer Rouge constantly kept their watching eyes on me. The first day she was brought there, she was so If I did not do it, it would be a problem. Making fertilizer lonely and pitiful about herself that she dropped her tears was my routine task, and I did it for over one year. Every while she was begging for God to safeguard her family. time we were out to work, we were always accompanied Young Khmer Rouge soldiers, some as young as 10, each by a group of four armed Khmer Rouge soldiers. of them equipped with a gun, came and said to her, “Do She further stressed, “During my first time at the not cry, mother! You are brought here not to die but to live. task, I saw people die miserably. At one site, among the You are not left in Phnom Penh eating stones”. Yeay Chi dead bodies were two to three monks the Khmer Rouge replied, “My children, there are only bushes. There is tied up with a rope before they killed them and put them nothing but tree leaves to eat, so why did you bring me in a pit. I found a lot of people killed and the bodies were 50 here?” Suddenly, one of the young, armed soldiers pointed piled up in big stacks. Mass executions were carried out in his gun at her and threatened, “Mother, you are vicious 1977. Evacuees from Southwest [Zone] were all executed. 50 and dare to oppose Angkar”. People in the village were also butchered. Bodies were 50 Chhay Rin buried in bigger pits than those at Choeung Ek. Anyone

She immediately begged to 50 them in her quick response, found to have some reservations about anything was taken “Mother dare not oppose by the Khmer Rouge to be killed”. 100

Angkar, my children!”. She recalled, “If anyone was as active as me and 100

Fortunately, she was spared was quick to come when called, he or she would survive. 100 her life at that moment due to I did anything; sometimes some of the Khmer Rouge her sincere and kind pleading. cadres called me to perform a traditional coin treatment on 100

Chhay Rin continued, them, and I always did it without any objections as long as 100

recalling that, “After one year they would spare my life”. In 1978, large-scale executions 100 living in Po Penh, the whole were carried out, in which both base and new people alike area was inundated. As the flooding reached the area, the were killed. There were only a few surviving families.

Khmer Rouge evacuated the people to Snuol Village, Poay Among members of my female unit responsible for Black Char Sub-district, Phnom Srok District, Banteay Mean producing fertilizer, only half survived. The survivors had Yellow Magenta Documentation Center of Cambodia (DC-Cam) 45 Cyan Number 11, November 2000 Searching for the truth  Family Tracing

swelling diseases because of malnutrition. My family was clothing with a beret on your head and a scarf around your the first the Khmer Rouge wanted to take to be killed neck. I do not who Angkar is”. Then, the Khmer Rouge because they were told by those who were not happy with reacted by saying, “This is some kind of underground my family that we were educated and used to work for intellectual.” “I do not know the term ‘intellectual,’” she Americans”. But in fact, Chhay Rin was just an ordinary replied. They further asked her, “Is it true that you lived in Christian disciple. Phnom Penh previously?” She lied to them saying that, She felt very miserable to witness many of the “No, I was not a city resident; I am an simple street vendor people close to her taken to be killed by the Khmer Rouge, and lived at Kien Svay”. Later, they threatened to “smash usually after being told that, “Angkar needed them to be her”. With such a threat, she replied inquisitively, “How educated”. A total of 26 people including her children, come you want to smash me because Angkar said it would nephews and nieces, were killed under the Khmer Rouge train people to labor to give them employment”. The regime. Her brothers and sisters were taken to be killed Khmer Rouge, said “You oppose Angkar”. They just said near a big tree in Po Penh before her family moved to Poay that, but did not do anything to her at that time. However, Snuol Village, Poay Char Sub-district, Phnom Srok at 12pm of the same day, they took her out from the District. She expressed sadly, “Every time I think of it, my concentration camp to be killed. She was walked away, her tears drop. I am so full of sadness.” face blindfolded, both of her hands tied up behind her Thouny is one of Chhay Rin’s daughters. She was back. As she was blindfolded, she could see nothing, thus also a victim under the regime. She was taken to be killed did not know where she was taken. But, after a while, she by the Khmer Rouge soldiers under the order of the felt a blow and lost consciousness. collective chief, named Chhin, who was very brutal. He After regaining consciousness, she attempted to beat her until she lost consciousness in front of the edge of remove the blindfold, and untie the rope on her hands. a pit. Luckily, seeing her laying there unconsciousness, Then, she decided to run away from the camp for fear that they thought she was dead and left her out of the pit. They they would take her to be killed once again. She had did not have the time to check to see if she was dead or nothing with her, except a black dress and a scarf. It was alive because there were many more to be killed at that from that time that she was away from her parents with a time. But she was still alive, and has survived until today. new mobile brigade in another region. She was going to She was left with two scars, one on her the lower, right Spean Sreng, in Kralanh District, Siem Reap Province. part of her chin, and the other on her right foot. She She estimated that a majority of the evacuees from showed them to us, while saying, “...... These scars always cities were executed because hundreds of thousands of remind me of an unforgettable history, an extremely people were evacuated there, but there were about ten hurtful one. I can retell the whole story of “One Thousand thousands left and returning to the province. At Kork and One Night”, but there could not be time enough for me Romchek, Srah Chik Sub-district, Phnom Srok District, to relate the history of the period of three years eight Banteay Mean Chey Province, the Khmer Rouge took months and twenty days under the Pol Pot regime. The people to be killed in the rice fields. At Poay Trach, more we think and talk about it, the fresher our memory especially in 1979, near the fall of the regime, the Khmer 50 and the more our tears. It is so much pain that words Rouge killed people indiscriminately and scattered bodies

50 cannot describe”. everywhere. During that time, people evacuated from The Khmer Rouge took Thouny to be killed on the Phnom Penh were taken to be killed immediately. She 50 grounds that she was a KGB agent because she had spoken used to see piles of bodies; and she said she was very 50 back to some Khmer Rouge cadre while laboring at a work scared.

100 site. She said indirect words meaning something critical of She concluded that, “When the country was

100 her superiors by expressing them in general terms. But, liberated in 1979, there was only a small number of people she did not do it in a meeting. She said, “If everybody is in my collective who survived.” She thought that, “It 100 to work that much, they all will die. Does it work that would have been ideal if the Khmer Rouge had not treated

100 someone with a very thin rice ration can handle the earth people badly, and instead had provided them with all

100 hoeing work for 125 cubic meters?” Immediately after she necessary supplies for living. During that time, if Angkar finished her words, the Khmer Rouge exchanged a had not attempted to make such ‘Great Leaps Forwards’ 100 threatening question, “How dare you! You want to oppose and had given people enough to survive, people would not Angkar? You know Angkar?” She then responded have died no matter how hard they were worked, except

Black honestly, “I do not know Angkar because I do not know for those taken to be killed.”

Yellow what form it takes; all I see that you are wearing black Magenta 46 Documentation Center of Cambodia (DC-Cam) Cyan Searching for the truth  Family Tracing Number 11, November 2000 THE 17TH OF APRIL IS THE BEGINNING OF THE SEPARATION By Bun Sou Sour

Many people understand the17th of April in My mother made an effort to talk about all the different ways according to their personal tendencies. problems that developed in my family. She told me Some understand this day as the day of victory over that on the 17th of April, she was six months pregnant the Lon Nol government that was supported by the and I was the one in her womb. U.S. Others understand this day as the end of the The 17th of April is a day of attack and a day of corruptive practices of the Lon Nol regime. On the surrender for the Khmer Rouge and the army of the other hand, the Khmer Rouge, who worked hard on government. My mother’s father-in-law who is my activities to help the people build their strength after grandfather, was willing to take the risk to make the many years within the Republic government, journey and cross many dangers in order to bring my understand this day as an historical day of mother to his house. He understood that it was safer celebration. In contrast, many of the Cambodian there because it was a stone house that might prevent people have many reasons to doubt. They were accidents from gunfire. As soon as she crossed and uncertain in their feelings what the 17th of April reached the Russian Hospital, she saw many people meant as soon as the country of Cambodia was crowding the streets. At that time, my mother did not liberated. Some citizens, including my father, yet know who these people were. On the same day, celebrated and shouted in victory along with the when she reached my grandfather’s house in front of Cambodian liberators whom people recognized as the the water tank near the Olympic Stadium, a large gun Khmer Rouge. However, I understand that the 17th of battle ensued. She saw many helicopters flying and April was the first day of separation for the families settling in the clearing of the Olympic Stadium. The of the people as well as my own family. sound of large and small guns answered each other. My family originally came from Reap Village, About two hours later, the people dressed in black, Reap Sub-district, Kandal Stung District, Kandal who were recognized as the Khmer Rouge, entered

Province. But after the Lon Nol government began my grandfather’s house. They commanded everyone 50 dropping bombs in 1970, my family forced ourselves in the house to leave the house. If they dit not leave, 50 to flee to Phnom Penh and start up a little business in they would be shot and killed. Fearing the Khmer the Daem Takuh Market in order to support our Rouge would shoot and kill our entire family, we 50 livelihood. For approximately five years, until 1975, forced ourselves to leave our home and only took with 50 we continued to live in fear from the bombing. In us the clothes on our backs. The Khmer Rouge told 100

May 1975, I was exactly six months in my mother’s us they would allow us to return to our homes after 100

womb. I have much remorse for not knowing and for three days so that they could clean up the enemies in 100

not having seen the true activities that took place on the city. 100 17th April 1975. But no matter what, when I reached As we walked along the 18 March Road, my 100 an age in which I could understand, I often asked my mother saw many people walking and crowding the mother about what happened, about the tragedy, the streets. She did not yet know who these people were. 100 separation, and the countless pain and suffering of the The people dressed in black ordered those who had

Cambodian people and more specifically, the motorcycles to give them up. They said they were Black problems that occurred within my own family. going to use it for their work. Yellow Magenta Documentation Center of Cambodia (DC-Cam) 47 Cyan Number 11, November 2000 Searching for the truth  Family Tracing

The journey continued and countless painful from each other. I still have never seen the faces of scenes could be witnessed along the road. Some my grandparents and my aunts and uncles. If there people had to give birth without a mid-wife to help was no 17 April 1975, my family would not have lost them and after they gave birth, they continued their so many members. journey without any energy. Seven hours later, at If I count all of my grandparents and aunts and 10:00 at night, my mother reached Koh Thom uncles on my mother’s and father’s side, the Khmer District. As soon as they got there all the evacuated Rouge probably killed almost fifty people. They citizens prepared to cook along the houses of the killed family after family accusing them of being villagers. Afterwards, the Khmer Rouge worked until capitalists. One question I always have with me is: morning preparing a table of the biographies of each “Why did the Khmer Rouge take my grandparents, person in order to make it easier for them to divide my uncles and aunts and all of my relatives to be and send people to different parts throughout the killed? What wrong did they commit? And who is district. At that time, my mother’s family, like the the source of these unjust acts?” thousands of other people who were evacuated from This question usually pushes me to discover the the city of Phnom Penh, were separated from each truth that no one yet knows with certainty. In 1997, I other without knowing where their husband, their was still studying at the university. I decided to join parents and children would be driven. The Khmer and work as a member of the staff at the Rouge sent people like soldiers, civil servants, police, Documentation Center of Cambodia, which is an etc., to different places. After they finished dividing independent institution, a non-governmental people, my father and my mother who was six months organization, and a training ground for the youth. pregnant with me, were ordered by the Khmer Rouge The office staff and the leaders are all Cambodians. to live in Chheu Khmao Village, Chheu Khmao Sub- As soon as I entered and worked at the District, Koh Thom District, Kandal Province. After Documentation Center of Cambodia I encountered a living there for three months, my mother gave birth to message written on the computer: “Searching for the me. One month after giving birth to me the Khmer Truth.” At that time, I had strong hopes that I would Rouge sent my family to another place. They told us realize the truth of my life that has passed for twenty- that there was not yet enough food for the people five years. here. At that time, my father acquired a sickness and But we still have not yet discovered this truth, was not able to do anything. Therefore, the burden fell unless there is a tribunal that has international on my mother’s shoulders and she forced herself to support.

50 prepare everything. Most of the things she carried in Therefore, 17 April 1975, which is the start of one end of the pole and on the other end of the pole the separation of the people of Cambodia, including 50 she carried me. In a wearied tone, my mother said, my family, remains a mystery. The 17th of April stole 50 “Your face was scorched by the sun and your skin was the lives of 50 of my family members and relatives. If 50 peeling. I carried you many kilometers for three days there was no 17th of April, the day of separation and

100 and three nights until we reached the place the Khmer suffering for my family would also not exist. A trial

100 Rouge had assigned us to go. All of our relatives with international support should be established

100 were separated from each other. As we traveled to immediately, so that we can answer the simple and Preah Vihear Province, when he saw how exhausted general questions of Cambodian people as well as my 100 and tired we were, there was one Khmer Rouge cadre own. Only an independent tribunal can ease the 100 named Sou who tried to convince me to name you suffering of the Cambodian victims that are still alive. 100 Sou. This is his name. He understood that a person With a trial, the 17th of April will no longer be a with this name would not die easily.” question for the public, national, and international Black Every time we talk about the 17th of April, I opinion.

Yellow usually remember the day my family was separated Magenta 48 Documentation Center of Cambodia (DC-Cam) Cyan fa“ainlUie rn” ae,i 93 a in1973, of a“NationalUnitedFront”. Later, Khmer Rougemovement in1970was undertheguise andwerecalled“LiberatedZones”. The Rouge, most regions wereunderthecontrolofKhmer for somebasescontrolledbytheRepublicRegime, because ithadtwo characteristics: organizational structureoftheKhmerRougeregime and zone. This researchshouldlookintothe region district, sub-district, village, collective, group, including andfromlow totoplevels, from thebases, Rouge patternsfordirectleadershipandcontrolare depth researchbeconductedtoseewhattheKhmer Iwould like tosuggestthatmorein- bases. However, should reachasfar asthe KhmerRouge-controlled from themforever. the countryofCambodiacanunderstandandlearn such invaluable documentationsothatthepeopleand struggling efforts byyouandyourstaff incompiling praiseandhighlyvalue the until thepresentdays, enough tosurvive thatregime’s destructive period power. All ofuswhoexperienced andwerefortunate eightmonthsandtwentydaysin of threeyears, during theDemocraticKampuchearegime’s period Pot’s genocidalcliqueagainsttheCambodian people and theheinousinhumanecrimescommittedbyPol clearly reflectthetragedyofCambodianpeople Puok District. The contentsofeachthemagazines magazinetoourOffice of “Searching forthetruth” continuously providing copiesofevery issueof most profoundlythankMr. Youk Chhangfor I would like to andmyself, Siem ReapProvince, within theauthorityofOffice ofPuokDistrict, Cambodia: To Director oftheDocumentationCenter LETTER FROM READER: )Atrtecu nMrh1,17,except 1970, 1) After thecouponMarch18, My view atthemomentisthatmagazine On behalfofallthegovernment officials regards. and successinyourrespective tasks. toourOffice ofPuokDistrict. truth” continue sendingfutureissuesof“Searchingforthe Ihopethatyouwill 7 February2000.Finally, magazine. the thingshave alreadybeenpublishedinthe someof raised atthemomentarenotindetailsyet, will notbeangrywithme. Although the pointsIhave Ithinkyou vague knowledge. For suggestingthis, whileothershave onlya about theKhmerRouge, ofwhommany onlyknow stories born after1975, andparticularlyforschoolchildren of theworld, understanding theKhmerRougeregime fortherest magazine. This willhelpprovide abettergroundsfor in thepublicationof“Searchingfortruth” you theiraccountsandtestimony whichcanbeused be doneatbaselevels wherewitnessescouldgive special suggestiontoyouisthatmorestudiesshould the KhmerRougeagainsttheirown people. The clearly realizethecrimesofgenocidecommittedby throughwhichtheworld hascometo authorities, depicts directinvolvement bytheKhmerRouge Khmer Rougemovement? This isahistorythat communist style. the KhmerRougemovement turnedintoa and number ofregions introducedcollective meals, Chief ofPuokDistrict Tes Chankiri Signed andsealed 28 August 2000 Office ofPuokDistrict, be assuredofmywarm Mr. Director, Please, I wishyouandallyourcolleaguesgoodluck I wishtothankyouforyourlettermedated whatbecameofthe 2) From1975to1979,

Cyan Magenta Yellow Black 100 100 100 100 100 100 50 50 50 50 Cyan Magenta Yellow Black 100 100 100 100 100 100 50 50 50 50 Funded bytheRoyalMinistryofForeignAffairs,Oslo, Norway, SectionfortheHumanRightsandHumanitarianAssistance;Can vkékr)Hu

U T a m M g Y y R B ada Funds,CanadianEmbassy,Phnom Penh; c H , r a a b C ; k a N ñ ú g t a c é m R k ø daia mUlniFinana rdæaPi)al k 7 m 0 < ú C 0 n of grkkarBit a

0 e r o l